Najam Mian @ Nijam Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12730 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -SONEPUR District- SARAN ======================================================
1. Najam Mian @ Nijam Mian S/o Roja Mian.
2. Habiban Bibi W/o Najam Mian @ Nijam Mian.
3. Rustam Mian S/o Najam Mian @ Nijam Mian.
4. Samima Bibi @ Samima Khatoon W/o Rustam Mian.
5. Soni Kumari @ Rukshana Nisha D/o Najam Mian @ Nijam Mian. All are Residents of Village- Chak Apsaid, P.S.- Sonepur, District- Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.
The petitioners apprehend their arrest in Sonepur P.S. Case No. 320/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. Allauddin the informant named the petitioners and alleged all the accused persons assaulted him and his wife. They got stitch wound. Rustam Mian assaulted Salauddin with sickle on his head. Rehana was also assaulted by lathi and iron rod. Tiayi Mian was assaulted by the brother-in-law of Najam Mian. Learned counsel for the petitioners submits that there is counter version. On account of land dispute the occurrence took
Patna High Court Cr.Misc. No.12730 of 2017 (3) dt.15-05-2017 2/2 place. The informant and his wife and Tiayi Mian got simple injuries. There was no stitch wound on the persons of the informant or his wife.
Considering the facts aforesaid and the fact that on account of land dispute there is case and counter case and the informant and his wife got simple injuries, Injury of Salauddin is not available, it is submitted that Salauddin did not get any injury, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist Saran at Chapra in connection with Sonepur P.S. Case No. 320/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T