Naushar @ Naushar Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30015 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Naushar @ Naushar Alam Son of Islam

2. Dealer, Son of Islam

3. Shamsad, Son of Islam

4. Momina Khatun Wife of Afisar

5. Afsari, Wife of Khesebul

6. Islam Son of Late Sifat Ali All resident of Village- Satbhitta, P.S.- Kochadhaman, District- Kishanganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Kochadhaman P.S. Case No. 105 of 2016 for the offences instituted under Sections 143, 341, 323, 498A, 365 and 504 of the Indian Penal Code.

The allegation against the petitioners is of committing assault upon the informant by lathi and danda with intention to kill him and threatened to withdraw the complaint case filed by the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have been falsely implicated in the present case. There is no allegation of tampering of witnesses alleged against

Patna High Court Cr.Misc. No.30015 of 2017 (2) dt.13-07-2017 2/2 the petitioners. The petitioner no.1 is husband of the victim, petitioner no.2 is Bhaisur of the victim, petitioner no.3 is Devar of the victim, petitioner no.4 is Nanad of the victim and petitioner no.5 is Nanad of the victim and petitioner no.6 is father-in-law of the victim. Due to petty family dispute, the present case has been instituted. Earlier also for the same offence, a case was instituted against the petitioners by the victim.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kochadhaman P.S. Case No. 105 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T