Md. Wasi Ahmad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5413 of 2017 Arising Out of PS.Case No. -146 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================
1. Md. Wasi Ahmad, son of late Mukhtar
2. Tazbul @ Tabsum, wife of Md. Samim Both residents of village- Azad Nagar, Ward No. 19, P.S. and DistrictAraria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsels for the petitioners and the State.
The petitioners apprehend their arrest in connection with Araria P. S. Case No. 146 of 2015 instituted under Sections 147, 341, 323, 324, 325, 342, 352, 504, 307 and 506/34 of the Indian Penal Code.
The allegation, in brief, is that due to some land dispute, the informant was assaulted by the accused persons. The specific allegation of assault is only against Wasi Ahmad as well as of outraging her modesty.
Learned counsel for the petitioners submits that there is land disputes between the parties moreover the police did not find any case under Sections 307, 379 and 354 of the Indian Penal
Patna High Court Cr.Misc. No.5413 of 2017 (2) dt.06-02-2017 2/2 Code so not submitted charge sheet under these sections, however, learned Chief Judicial Magistrate took cognizance and the petitioners have no criminal antecedent.
Having considered the aforesaid facts and circumstances, let the petitioners, namely, Md. Wasi Ahmad and Tazbul @ Tabsum, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P. S. Case No. 146 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U