Md. Manzoor Laheri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52643 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -BABUBARHI District- MADHUBANI ====================================================== Md. Manzoor Laheri, Son of Late Kitabuddin Laheri, resident of Village Sarra Tole Madna P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Advocate. For the Opposite Party/s : Mr. Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Babubarhi P.S. Case No. 120 of 2015 registered under Sections 143, 341, 323, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that, on 31.07.2015, in the evening, informant Radheshyam Sahu, went in his paddy field near Baghi Bandh, where he saw that Laddu Laheri was grazing the she-goat in his field. When he made protest then Laddu Laheri abused him and called his family members, on which, on the order of Md. Aftab Alam, this petitioner caused Farsa blow at the head of the informant, who fell down. At that time, Md. Samsul Hoda took Nokiya Mobile from his pocket whereas Laddu Laheri and Md.
Noushad Laheri caused knife blow at his chest and stomach. Learned counsel for the petitioner submits that family members of the informant made attempt to commit rape to Najrana Khatoon, sister of Chotu Laheri and Hira Laheri, regarding which, on the basis of written report of Najrana Khatoon, Babu Barhi P.S. Case No. 119 of 2015 is instituted on 01.08.2015 due to that reason the present case has been lodged with false allegation. It is further submitted that moreover, three injuries, one incised wound which is simple in nature and two abrasions were found on the person of the informant. It is further submitted that similarly situated co-accused, Naushad Laheri and Laddoo Laheri @ Laddoo @ Irshad @ Md. Seraj have already been granted privilege of anticipatory bail by this Court vide order dated 30.11.2016 passed in Criminal Misc. No.
43503 of 2016. Further submission is that petitioner has no criminal antecedent. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Babubarhi P.S. Case No.
the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T