Abdullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33155 of 2015 Arising Out of PS.Case No. -89 Year- 2014 Thana -SIKTA District- WEST CHAMPARAN(BETTIAH) ======================================================
1. Abdullah Son of Sanaullah
2. Anisullah Son of Abdullah
3. Safiullah Son of Abdullah
4. Jauni @ Amenullah Son of Abdullah
5. Shahansah Alam Son of Abdul Kaish
6. Tebha @ Naushad Alam Son of Abdul Kaish
7. Nanhak Son of SK. Bhol
8. Abdul Kaish S/o SK. Ekbal All resident of Village - Jhumka, P.S. Sikta, District - West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. M.Dayal(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2015 Heard learned counsel for the petitioners and the learned counsel for the State and the learned counsel for the informant.
The petitioners are apprehending their arrest in connection with Sikta P.S. Case No.89 of 2014 for allegedly having committed the offences under Sections 341, 354D, 509, 504/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that earlier also there was a dispute between the parties, which was compromised. It is submitted that there was dispute with regard to
Patna High Court Cr.Misc. No.33155 of 2015 (2) dt.24-08-2015 2/2 a boundary wall between the parties, but the same was compromised. However, the petitioners, as has been alleged by the informant, did not honour the part of the compromise and on protest made by the informant, she was disrobed. The police have found the case to be true and charge sheet has been accordingly submitted under the provisions of Section 354 of the I.P.C. Considering the nature of allegations made against these petitioners, I am not inclined to grant anticipatory bail to the petitioners. It is, accordingly, rejected.
However, if the petitioners surrender in connection with the present case in the court below i.e., in the court of the learned Chief Judicial Magistrate, Bettiah, within a period of three weeks from the date of communication of this order and pray for regular bail, the same shall be considered without being prejudiced by this order.
(Anjana Mishra, J) PNM U T