Zikrullah Mian @ Md. Zikrullah And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.4440 of 2015 (2) dt.03-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4440 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Zikrullah Mian @ Md. Zikrullah, son of Jagdalli Mian

2. Amamullah Mian @ Md. Amanullah, son of Zikrullah Mian

3. Nazbullah Mian @ Md. Nazibullah, son of Zikrullah Mian

4. Laloo Mian @ Laloo, son of Manan Mian

5. Nanhak Mian, son of Barahim Mian

6. Manan Mian @ Manan, son of Rajaque Mian.

7. Jhaloo Mian @ Jhaloo, son of Manan Mian

8. Jabbar @ Jabbar Mian, son of Rajaque Mian

9. Irshad @ Irshad Mian, son of Diljaan Mian .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. S.Eheteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 71 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Admittedly, there is case and counter case between the parties and both the parties have made serious allegation against each others. Moreover, in the present case, there is allegation against the petitioners no. 4 and 7 that they assaulted the

Patna High Court Cr.Misc. No.4440 of 2015 (2) dt.03-02-2015 informant by farsa and lathi respectively whereas allegation against petitioner no. 1 is that he assaulted the informant with fist and petitioner no. 2 assaulted the informant's daughter. Annexure2 to this petition reveals that informant sustained two injuries said to be caused by hard and blunt substance which are simple in nature and similarly, daughter of informant also sustained simple injury said to be caused by hard and blunt substance.

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, Motihari, East Champaran in Ghorasahan P.S. Case No. 71 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T