Patna High CourtCR. MISC./11926/2017disposed

Md. Usman And ORS v. The State Of Bihar

2017-04-17Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11926 of 2017 Arising Out of PS.Case No. -114 Year- 2015 Thana -SONBERSA District- SAHARSA ======================================================

1. Md. Usman Son of Late Amir Bakas @ Bauku resident of village - Haripur, Ward No. 11, Panchayat - Shahpur, P.S. Sonbarsa Raj, District - Saharsa.

2. Mustari Khatoon @ Bhutari Khatoon @ Bhutari @ Bhurtari Khatoon wife of Md. Mister resident of village - Haripur, Ward No. 11, Panchayat - Shahpur, P.S. Sonbarsa Raj, District - Saharsa.

3. Sarvar Alam S/o Md. Usman resident of village - Haripur, Ward No. 11, Panchayat - Shahpur, P.S. Sonbarsa Raj, District - Saharsa.

4. Tuliya Khatoon @ Tulai Khatoon W/o Md. Usman resident of village - Haripur, Ward No. 11, Panchayat - Shahpur, P.S. Sonbarsa Raj, District - Saharsa.

5. Sabina Khatoon D/o Md. Usman resident of village - Haripur, Ward No. 11, Panchayat - Shahpur, P.S. Sonbarsa Raj, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2017 Heard both sides.

The petitioners apprehend their arrest in Sonbarsa (Raj) P.S. Case No. 114/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The petitioners are alleged to have assaulted the informant, her daughter and son for grazing of she-goat of the informant in the field of the petitioners.

Patna High Court Cr.Misc. No.11926 of 2017 (3) dt.17-04-2017 2/3 Learned counsel for the petitioners submits that Mustari Khatoon @ Bhutari Khatoon petitioner no. 2, Tuliya Khatoon @ Tulai Khatoon petitioner no. 4 and Sabina Khatoon petitioner no. 5 are the ladies and there is no specific allegation against them.

Considering the facts aforesaid, Mustari Khatoon @ Bhutari Khatoon petitioner no. 2, Tuliya Khatoon @ Tulai Khatoon petitioner no. 4 and Sabina Khatoon petitioner no. 5, 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 Chief Judicial Magistrate, Saharsa in connection with Sonbarsa (Raj) P.S. Case No. 114/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

So far as the case of Md. Usman petitioner no. 1 and Sarvar Alam petitioner no. 3 are concerned, they are alleged to have assaulted the informant, her daughter and son and they got injuries on their persons on account of assault made by petitioner no. 1 and petitioner 3.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.11926 of 2017 (3) dt.17-04-2017 3/3 enlarge Md. Usman petitioner no. 1 and Sarvar Alam petitioner no. 3 on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Vinita/- U T