Md. Murtuja And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29932 of 2016 Arising Out of PS.Case No. -95 Year- 2014 Thana -ANGARGHAT District- SAMASTIPUR ======================================================
1. Md. Murtuja Son of Dil Mohamad
2. Dil Mohamad Son of Bachnu Miyan
3. Sairus Khatoon @ Sairul Khatoon Wife of Dil Mohamad All Resident of village- Harpur Rewara, P.S.- Angarghat, District- Samastipur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pramod Kumar Singh, Advocate.
For the Opposite Party : Mr. Akshay Lal Pandit, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.
The petitioners apprehend their arrest in Angarghat P.S. Case No. 95 of 2014 registered for the offences punishable under Sections 307, 354, 379 and some other Sections of the Indian Penal Code.
Sadina Khatoon the informant alleged that while she was going to ease out, Md. Murtuja petitioner no. 1 caught her and undressed her with an intention to outrage her modesty. On protest, Md. Murtuja assaulted her with Pharsa on her head and when her son Md. Mokhtar came to save her Md. Murtuja assaulted him with Pharsa on his head. The accused persons are also alleged to have assaulted the husband of the informant. Learned counsel for the petitioners submits that there is
Patna High Court Cr.Misc. No.29932 of 2016 (2) dt.14-09-2016 2/2 case and counter case. The case of the petitioners is earlier in point of time bearing Angarghat P.S. Case No. 86 of 2014. The injuries found on the persons of all the injured except Md. Akhtar are simple in nature. Md. Akhtar got swelling and tenderness on left elbow and little finger. The doctor advised Md. Akhtar for X-ray and that is why the opinion regarding his injury was kept reserved. The occurrence took place due to quarrel between the children of the two families.
Considering the facts aforesaid and the fact that there is case and counter case and the occurrence took place due to quarrel of children, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri B.P. Pathak, the Judicial Magistrate, 1st Class, Dalsingsarai, Samastipur, in Angarghat P.S. Case No. 95 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T