Md. Jabbar @ Md. Jabhar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25693 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- SINGHIYA District- Samastipur ======================================================

1. Md. Jabbar @ Md. Jabhar, Son of Late Mophil, Resident of Village- Lilhaul, Singhia, P.S. Singhia, District Samastipur.

2. Md. Sonu, S/o Md. Jabhar, Resident of Village- Lilhaul, Singhia, P.S. Singhia, District Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard the learned counsel for the petitioners and the State.

The petitioners who are the father and son respectively, seek bail in anticipation of their arrest in connection with Singhiya P.S. Case No. 08 of 2018 dated 10.02.2018 instituted for the offences under Sections 323, 34, 341, 354B, 379 and 427 of the Indian Penal Code.

The petitioners are alleged to have entered the house of the informant and assaulted the informant and others. In the process, the informant was disrobed. While leaving the place of occurrence, the petitioner no. 1 is said to have threatened the informant of dire consequences in case she did not transfer the plot of land which stands contiguous to her house in favour of the petitioners.

Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.25693 of 2018(2) dt.04-05-2018 2/2 submitted that an absolutely false case has been lodged against the petitioners who are the father and son amongst themselves. The petitioners as well as the informant come from the same stock of family and because of land dispute, the present case has been lodged. There is general allegation of assault against the petitioners. Even though the informant claims to have been injured in the occurrence, but there is no injury report on record.

The petitioners are persons of clean antecedent. Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Samastipur in connection with Singhiya P.S. Case No. 08 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) Krishna/- Ved/- U T