Md. Kasim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27082 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -VIDYAPATI NAGAR District- SAMASTIPUR ======================================================

1. Md. Kasim,

2. Md. Hasim, Both sons of Late Manzoor Ali,

3. Md. Mahboob @ Mahboob Alam,

4. Md. Maksood, Both sons of Md. Kasim,

5. Samina Khatoon @ Samima, D/o Md. Kasim,

6. Shalma Khatoon, W/o Md. Kasim, All are resident of Village- Simari, P.S.- Vidyapati Nagar, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bhubneshwar Prasad, Advocate For the S t a t e : Mr. Umesh lal Verma, APP For the Informant : Mr. Anirudh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State and also the informant.

The petitioners are apprehending their arrest in connection with Vidyapati Nagar P.S. Case No.22 of 2017 for allegedly having committed the offences under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code.

The allegation against these petitioners is that they

Patna High Court Cr.Misc. No.27082 of 2017 (2) dt.06-07-2017 2/3 have indulged in Marpit leading to injuries on the side of the informant.

Learned counsel for the petitioners submits that earlier the petitioners had also filed a case, bearing Vidyapati Nagar P.S. Case No.21 of 2017, in which also the petitioners' side had sustained grievous injuries.

Having heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State and the learned counsel for the informant, there appears to be bona fide dispute between the parties, which has led to case and counter case.

Considering the nature of allegations made and that there is case and counter case between the parties and they all belong to same family, let all 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, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Dalsingsarai, District-Samastipur, in connection with Vidyapati Nagar P.S. Case No.22 of 2017, subject to the

Patna High Court Cr.Misc. No.27082 of 2017 (2) dt.06-07-2017 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T