Patna High CourtCR. MISC./28923/2018rejected

Md. Akhlaque And ORS v. The State Of Bihar

2018-05-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28923 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Md. Akhlaque, S/o Late Md. Abbas,

2. Md. Danish @ Danish S/o Md. Akhlaque,

3. Md. Shamim @ Md. Shamim Akhtar S/o Late Md. Iliyas,

4. Md. Masoom @ Md. Masoom Raza S/o Late Md. Jamal, All residents of Vill.- Uda, P.S.- Mahalgaon, District- Araria, Bihar. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 04 of 2018, registered under Sections 427, 436 and 504/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Araria. The accusation is that on 02.01.2018 at about 9.00 P.M. the petitioners came at the house of informant and started to abuse and sprinkled kerosene oil in the house and put fire by lightening through matchstick in which household articles of the informant were burnt.

Learned counsel for the petitioners submits that, in

Patna High Court Cr.Misc. No.28923 of 2018(2) dt.10-05-2018 2/2 fact, the house in question belongs to the petitioners as informant filed a title suit, which has been decided in favour of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T