Md. Zahid And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44362 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -KEOTI District- DARBHANGA ======================================================

1. Md. Zahid son of Late Idrish

2. Shahnaz Begum Wife of Md. Zahid

3. Md. Jahangir Son of Late Idrish

4. Md. Gulab son of Md. Zahid

5. Md. Abaid @ Abaid Son of Md. Zahid

6. Nadra Khatoon @ Nasra Khatoon Wife of Md. Jahangir All R/o Asraha, P.S.- Keoti, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Keoti P.S. Case No. 95 of 2016 registered under Sections 147, 149, 341, 323, 379, 307, 504 and 506 of the Indian Penal Code.

The accusation is that after taking measurement of door and window of the house of Md. Juhi, when the informant started his motorcycle for returning his shop, the petitioners surrounded him due to land dispute and started to abuse. On protest made by the informant, petitioner Md. Zahid

Patna High Court Cr.Misc. No.44362 of 2016 (2) dt.24-10-2016 2/3 ordered to kill him. Thereafter, petitioner Md. Zahid carried him in his house and began to assault with iron rod causing head injury. In that course, petitioners Md. Abid and Md. Gulab threatened him on the point of dagger and all petitioners assaulted the informant with lathi, danda, fists and slaps and petitioners Shahnaz Begum and Nadra Khatoon @ Nasra Khatoon caught hold his leg and petitioner Md. Zahid snatched cash Rs. 42000/- from his pocket and petitioner Md. Jahangir also took out a mobile from his pocket. Thereafter, informant became unconscious.

Learned counsel appearing on behalf of the petitioners submits that petitioners and informant are covillagers. Admittedly, there is land dispute in between the parties. Prior to institution of this case, petitioner Shahnaz Begum has filed Keoti P.S. Case No. 93 of 2016 against the informant and his family members. Due to that reason, the present case has been lodged. However, injuries as found on the person of the informant are of simple in nature caused by hard and blunt substance.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below

Patna High Court Cr.Misc. No.44362 of 2016 (2) dt.24-10-2016 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Darbhanga in connection with Keoti P.S. Case No. 95 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T