Md. Tanveer And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44076 of 2016 Arising Out of PS.Case No. -347 Year- 2016 Thana -KHAZANIHAT District- PURNIA ===========================================================

1. Md. Tanveer

2. Lucky Ali

3. Md. Tauhid

4. Md. Kaifee All Sons of Md. Safi Akhtar, All are Resident of Mohalla- Molvi Tola (Koratbari), P.S.-K.Hat Madhubani, District-Purnia .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Nath Tiwari, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-10-2016 Heard learned counsel for the parties.

The petitioners apprehend arrest in connection with K.Hat (Madhubani) P.S. Case No. 347 of 2016 dated 08.08.2016 registered under Sections 323, 341, 354, 379/34 of the Indian Penal Code. The allegation against the petitioners is of trying to outrage the modesty of the informant and also assaulting and snatching of a wrist watch.

Learned counsel for the petitioners submits that the parties are next door neighbours and there is dispute with regard to boundary wall and some land. It is submitted that in the past also, there has been case and counter case between them, but all of them have resulted in compromise and the present case has been filed with ulterior motive. It is submitted that

Patna High Court Cr.Misc. No.44076 of 2016 dt.17-10-2016 2/2 the allegations, in all the past cases and the present case, are also more or less the same. It is submitted that besides the previous cases, which have resulted in acquittal on the basis of the compromise, there is no other case pending against the petitioners.

Learned A.P.P. is not in a position to dispute the aforesaid position.

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners, named above, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K.Hat (Madhubani) P.S. Case No. 347 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Sujit/- U