Md. Nasur And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44825 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Md. Nasur, Son of Md. Baiharu.

2. Md. Kalam @ Md. Kalam Uddin, Son of Md. Mukhtar. Both are resident of Village:- Ghosaith, P.S.:- Piri Bazar, District:- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 379 of the Indian Penal Code.

It is alleged that petitioner no. 1 Md. Nasur assaulted Shabnam Khatoon by lathi, whereas petitioner no. 2 Md. Kalam @ Md. Kalamuddin assaulted with dagger on the nose of the informant Sakilla. Co-accused Md. Saleem gave iron rod blow to Faiyazul Rahman, whereas Md. Usman assaulted Faiyazul by means of iron rod, Guriya Khatoon assaulted Md. Shamshad by means of stones and took away Rs. 54,000/- and gold ear ring from

Patna High Court Cr.Misc. No.44825 of 2015 (3) dt.30-10-2015 the box of the informant.

It is submitted by the learned counsel for the petitioners that injuries of Sabnam Khatoon and Sakila Bano have been found to be simple, though informant Shakila Bano received one lacerated wound on her nose caused by hard and blunt substance. Though opinion has been reserved with regard to this injury, whereas she alleged to have been assaulted by petitioner no. 2 with dagger. There is counter version of the occurrence and petitioners' side have also received injuries.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 19 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T