Md. Kalim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27003 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Kalim Son of Md. Usman

2. Md. Idrish Son of late Nur Mohammad

3. Raushan Khatoon Daughter of Md. Abul.

4. Mobina khatoon daughter of Md. Abul

5. Md. Sabir Son of late Nur Mohammad

6. Md. Alauddin Son of Md. Usman All R/o Village-Nurpur Jogia Math, PS Barauni, District Begusarai .

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 379, 307 of the Indian Penal Code. The prosecution case is that on 02.03.2016 at 6:00 P.M the informant was in his house. All of a sudden the accused persons came variously armed, abused and assaulted the informant, asked him to withdraw the case earlier lodged. Thereafter the accused entered into the house of the informant, when co-accused Md. Mumtaz assaulted with the butt of the pistol to the mother of the informant as a result she started bleeding from the nose, fell down and became unconscious. It is further alleged that co-accused Kulsum Khatoon assaulted with farsa to the cousin of the informant who also became unconscious. Petitioner No. 2 and his two daughters also made

Patna High Court Cr.Misc. No.27003 of 2016 (2) dt.30-06-2016 2/2 assault. Petitioner No. 1 snatched gold chain from the neck of the mother of the informant and daughter of Md. Abul took out household articles.

It is submitted by learned counsel for the petitioners that specific accusation of assault is against Md. Mumtaz and Kulsum Khatoon who are not petitioners before this Court. The injury report of the mother of the informant is on record which suggests bleeding injury, pain and tenderness on the left side of back which has been found to be caused by hard and blunt substance. The injury report of the informant is not on record. The petitioner is also accused in one other case lodged at the behest of the informant's side. Considering the fact that specific accusation of assault is only specific against Md.

Mumtaz and Kulsum Khatoon who are not petitioners before this Court, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 81 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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