Alauddin @ Md. Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27519 of 2019 Arising Out of PS. Case No.-545 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

ALAUDDIN @ MD. ALAUDDIN Son of Late Asgar Resident of VillageChikni, Ward No.3, P.S.- Araria, District- Araria. 2.

Kausar @ Md.Kausar Son of Alauddin @ Md. Alauddin Resident of VillageChikni, Ward No. 3, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard both sides.

The petitioners apprehend their arrest in Araria P.S. case No. 545 of 2018 registered under Section 307, 380, 379, 354B and other minor Sections of the IPC.

The informant alleged that on 18.08.2018 at about 7 A.M. 16 persons, including the two petitioners, began to tease her niece Surafa. Md. Kausar, petitioner No.2, is said to have caught her from behind and put her down on the ground. When the informant brought him to his house the accused persons assaulted the informant and his family members. The learned counsel for the petitioners submits that there is counter version being Araria P.S. case No. 546 of 2018 registered on the basis of fard bayan of Neratun Khatoon, wife of Md. Nabul Haque, one of the accused of present case. The informant alleged that the accused persons including informant of Araria P.S. case No. 546 of 2018, and the petitioners came

Patna High Court CR. MISC. No.27519 of 2019(2) dt.26-04-2019 2/2 and teased her niece and assaulted the informant and others but the injury found on the person of informant and others are simple and superficial in nature.

It appears that there is land dispute between two sides for which they fought with each other but on account of assault made by the petitioners simple injury were caused to the informant and others.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ 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 their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. case No. 545 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T