Samiya Khatoon @ Samiyan Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72338 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- DHAMDAHA District- Purnia ======================================================
1. Samiya Khatoon @ Samiyan Khatoon, Wife of Manjar @ Mangan,
2. Manjar Alam, Son of Sirazuddin,
3. Juber Ansari, Son of Manjar @ Mangan, All resident of Village- Chandrahi, P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447/341/323/324/308/504 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 26.09.2018 submitted by Majid Mian to the Station House Officer, Dhamdaha Police Station to the effect that after the death of father of the informant, the informant made oral partition among his three brothers and he obtained 26.2/3 decimals of land in his share. Subsequently, Jamabandi was created in the name of the informant. It is alleged that some months prior to lodging of the present case, the accused persons
Patna High Court Cr.Misc. No.72338 of 2018(2) dt.20-12-2018 2/3 threatened the informant to dispossess him from the said land, as a result, the informant submitted a Sanha, whereupon, a proceeding under Section 107 of the Cr. P.C. was started. On 26.09.2018, all the accused persons started constructing house over the said land, when it was protested by the wife and son of the informant, then all the accused persons came variously armed and brutally assaulted them. It is specifically alleged that co-accused Kamiya Khatoon assaulted with Katta on the head of informant's wife, causing blood injury on her, whereas, coaccused, Manjar assaulted the son of the informant with the butt of the firearm, while other accused persons assaulted them by lathi. When the daughters-in-law of the informant went to rescue them, then the accused persons also assaulted them with lathi.
It is submitted by learned counsel for the petitioners that the omnibus and general nature of accusation has been levelled against the petitioners due to petty dispute. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the genesis of the occurrence in the
Patna High Court Cr.Misc. No.72338 of 2018(2) dt.20-12-2018 3/3 background of land dispute, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea, in connection with Dhamdaha P.S. Case No.271 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T