Sk. Hasina @ Hasina Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49935 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk. Hasina @ Hasina Khatoon wife of SK. Haroon.

2. SK. Serajul Son of SK. Hasmudin.

3. SK. Haroon Son of SK. Serajul.

4. SK. Kalam Son of Late SK. Raj Mohammad.

5. Sk. Farman Son of SK. Saheb.

6. SK. Tunnu Son of SK. Kalam.

7. SK. Murad Son of SK. Kalam.

8. SK. Imteyaz @ SK. Imteezer Son of Sk. Saheb. All are resident of Village- Kudwa Mathiya (Kumarbagh), Police StationChanpatiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal For the Informant : Mr. Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners, learned A.P.P. on behalf of the State and learned counsel for the informant.

This is an application for anticipatory bail for the offences under Section 307 and other Sections of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is land dispute between the parties and the prosecution

Patna High Court Cr.Misc. No.49935 of 2016 (2) dt.19-12-2016 2/3 party has also received injuries, which will appear from Annexure 6 to this application. There is a case and counter case. It has further been submitted that petitioner nos.1, 2,4,5 and 8 are concerned, there is no allegation against them. So far petitioner no.3 is concerned, he assaulted with Farsa on the head of the father of the informant and so far petitioner no.6 is concerned, he also assaulted with Farsa on the head of the informant's uncle. Petitioner no.7 has also assaulted with Farsa on he head of the informant and all the injuries on the persons of the injured are simple in nature.

Heard learned counsel appearing for the State and learned counsel for the informant.

Learned counsel for the informant has submitted that the injury on the head of the uncle of the informant is grievous and the injures on the other persons are simple in nature. Having heard both the sides and in view of the fact that there is a case and counter case and the injures are simple in nature, let, above named, petitioner nos. 1,2,3,4,5,7 and 8, in the event of their arrest or surrender in the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Betiah,West Champaran in

Patna High Court Cr.Misc. No.49935 of 2016 (2) dt.19-12-2016 3/3 connection with Chanpatiya P.S.Case No. 122 of 2016,subject to the conditions as laid down u/s 438(2) Cr.P.C. So far prayer for anticipatory bail of petitioner no.6 (Sk. Tunnu) is concerned, it is rejected. Let petitioner no.6 surrender in the court below and pray for regular bail, which shall be considered and disposed of without being prejudiced by this order.

(Vinod Kumar Sinha, J) singh/- U T