Md. Jamil Akhtar @ Jammo And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.1086 of 2015 (2) dt.12-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1086 of 2015 Arising Out of PS.Case No. -974 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Md. Jamil Akhtar @ Jammo, son of Late Niyamat Khan.
2. Md. Guddu @ Guddu Khan, son of Jamil Akhtar @ Jammo
3. Rudi Praveen @ Rudia Khatoon, wife of Guddu.
4. Munni Praveen, wife of Md. Jamil Akhtar @ Jammo. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Tarun Pd.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 974 of 2013 in which cognizance has been taken for the offences punishable under Sections 341, 323, 504, 379/34 of the Indian Penal Code and Section 4 of Witch Craft Act. The contention on behalf of the petitioners is that much prior to filing of the aforesaid complaint case, co-accused, Danish Ekbal lodged Srinagar P.S. Case No. 82 of 2013 against the complainant and others and as a matter of fact, there was land dispute between the parties and even after measurement of the disputed land, the complainant and her associates attempted to
Patna High Court Cr.Misc. No.1086 of 2015 (2) dt.12-01-2015 grab the land of petitioners which was protested and thereafter, Srinagar P.S. Case No. 82 of 2013 was lodged. It is further contended by him that the present case has been lodged in retaliation of above stated Srinagar P.S. Case No. 82 of 2013. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Complaint Case No. 974 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T