Lalu @ Md. Rahim @ Md Rafi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56364 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================
1. Lalu @ Md. Rahim @ Md Rafi Son of Bacha Mian.
2. Julfeqar Ali Son of Jalil Mian.
3. Alamger Son of Sahabuddin.
4. Ashiq Ali Son of Yasun Mian.
All resident of Village- Sarwaria, P.S.:- Manghagarh, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 447, 448, 379/34 of the Indian Penal Code. Prosecution case is that petitioner no. 4 Ashiq Ali on the point of dagger tried to ravish the informant on 29.07.2015. Thereafter petitioner nos. 1 to 3 came
Patna High Court Cr.Misc. No.56364 of 2015 (2) dt.11-12-2015 variously armed and committed theft of ornaments and cash.
It is submitted by the learned counsel for the petitioners that since son of Rauf Mian, cousin of petitioner no. 4 was kidnapped by Manan Mian, who is the brother-in-law of the petitioner for which Manghagarh P.S. Case No. 45 of 1999 of was registered and informant side were in custody, hence in retaliation the present case has been lodged. The thrust of accusation is against petitioner no. 4. There is no recovery from petitioner nos. 1 to 3. Moreover, it is submitted that petitioner no. 4 Ashiq Ali is minor.
The application of Ashiq Ali is disposed of with liberty to move before appropriate Forum.
So far as petitioner nos. 1 to 3 are concerned, in the background of enmity between the parties, accusation has been levelled against them, statement has been made in para-3 of the petition that petitioners have no criminal antecedent, let the above named petitioner nos. 1 to 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 46 of 2015, subject to conditions as
Patna High Court Cr.Misc. No.56364 of 2015 (2) dt.11-12-2015 laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T