Patna High CourtCR. MISC./43444/2017bail granted

Md. Serajul Mian @ Serajul Mian And ORS v. The State Of Bihar

2017-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43444 of 2017 Arising Out of PS.Case No. -248 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Serajul Mian @ Serajul Mian

2. Md. Ansarul Haque @ Ansarul Mian, Both are Son's of late Bhola Mian.

3. Abdulaish Alam @ Abdulaish Miayan @ Abulaish Alam, son of Noor Alam, All are residents of Village- Harsidhi Babu Tola, P.S.- Harisidhi District- East Champaran .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party : Mr. Sir Pramod Kumar Pandey, APP 120 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioners apprehend their arrest in Harsidhi P.S. Case No. 248 of 2017 under Sections 307 and other sections of the Indian Penal Code.

Matijan Khatoon named the petitioners, along with Noor Alam, that they were forcibly constructing the house on the land of the informant. On objection, the petitioners assaulted with iron rod at the head of the informant, pulled her down and torn her clothes.

The learned counsel for the petitioners submits that in Harsidhi P.S. Case No. 248 of 2017, there is no allegation of assault against the petitioners. Matijan Khatoon got two injuries on her person and one found on the head, which is grievous in nature. The informant, Matijan Khatoon, got second injury on the eye brow, which is simple.

Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on

Patna High Court Cr.Misc. No.43444 of 2017 (2) dt.19-09-2017 2/2 anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Harsidhi P.S. Case No. 248 of 2017 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √