Patna High CourtCR. MISC./43640/2015bail granted

Md. Aquil v. State Of Bihar And ANR

2015-10-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43640 of 2015 Arising Out of PS.Case No. -55 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Md. Aquil, S/o Late Md. Ibrahim, Resident of Village- Mirzapur, P.S.- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meharoon Nisa, W/o Babav Ali, R/v- Mirzapur, P.S.- Biraul, DistDarbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 323,354,341 and 379 of the Indian Penal Code in which process has been directed to be issued after cognizance being taken.

The prosecution case is that the accused persons began cutting wheat crop of the complainant and on protest being made the accused persons abused and assaulted the complainant. Co accused Naquib took away Hasuli of the complainant though co accused Abdul Bari executed sale deed with regard to the land of the complainant.

Patna High Court Cr.Misc. No.43640 of 2015 (2) dt.15-10-2015 2/2 It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. It is further submitted that for the execution of sale deed on 10.12.2012 the complaint was filed on 2.3.2013. More over, co accused Md. Sadrul lodged Complaint against the husband of the complainant vide Complaint Case No. 123 of 2013 making accusation under sections 143,341,352,380 and 504 IPC. Considering the accusation in the background of civil nature of dispute, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Benipur, Darbhanga in connection with Complaint Case No. 55 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T