Md. Kalam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39916 of 2016 Arising Out of PS.Case No. -200 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Md. Kalam Son of Md. Habib
2. Md. Sahabuddin Son of Md. Manjoor
3. Md. Munna Son of Md. Najir
4. Md. Kashim Son of Md. Sattar
5. Md. Mustkim son of Md. Halim All resident of Village Bhasar Machchahan Dochhini, P.S. Sitamarhi, Dist. Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar - 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2016 Heard both sides.
Petitioners, namely, Md. Kalam, Md. Sahabuddin, Md. Munna, Md. Kashim and Md. Mustkim, apprehend their arrest in Sitamarhi P.S. Case No. 200/2016 registered under Section 307 and other sections of the Indian Penal Code. The informant named the petitioners along with other accused persons. The informant alleged that the petitioners assaulted the son, nephew, Sahida Khatoon, wife of the informant and others. It is submitted that there is a counter version being Sitamarhi P.S. Case No. 201/16. There is a land dispute between the parties. The informant, his son, nephew and wife, who were injured, got simple injuries save and except his wife Sahida
Patna High Court Cr.Misc. No.39916 of 2016 (4) dt.18-10-2016 2/2 Khatoon. Sahida Khatoon got one bruise and lacerated wounds were found on right wrist joint and over the head. All injuries, on the face, appear simple in nature but Sahida Khatoon was referred to Higher Centre for treatment for the reasons best known to the doctor.
Considering the facts that there is a case and countercase and on account of land dispute they entered into mutual assault and many persons from both the sides were injured but the injured persons from the side of the informant got simple injuries, the above named petitioners, in the event of their arrest or surrender before the learned 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 the learned Chief Judicial Magistrate, Sitamarhi / concerned court in Sitamarhi P.S. Case No. 200/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T