Sufyan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46948 of 2016 Arising Out of PS.Case No. -257 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================
1. Sufyan S/o Abdul Hafeez
2. Bibi Mahzoora Khatoon @ Mahzara W/o Sufyan Both are resident of Village- Matiyari, P.S.- Jokihat, District- Araria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Md. Naushad Uzzoha, Advocate.
For the Opposite Party : Mr. Ajay Kumar -2, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.
The petitioners apprehend their arrest in Jokihat P.S. Case No. 257 of 2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioner no. 1 is alleged to have assaulted the wife of the informant with Pharsa on her head and petitioner no. 2 is alleged to have caught hair of wife of the informant. Learned counsel for the petitioners submits that the informant is brother of petitioner no. 1. There is land dispute between the parties. The wife of the informant got simple injuries. The police after investigation submitted charge sheet under bailable sections of the Indian Penal Code but the court below took cognizance under Section 307 of the Indian Penal Code.
Patna High Court Cr.Misc. No.46948 of 2016 (2) dt.14-12-2016 2/2 Considering the facts aforesaid and the facts that the petitioner no. 1 and the informant are brothers and on account of land dispute some scuffle took place, the petitioners above named, 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Araria in Jokihat P.S. Case No. 257 of 2015, Subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T