Ali Akhtar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65984 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- SIKTA District- West Champaran ======================================================

1. Ali Akhtar S/o Late Fariyad

2. Shekh Bhola S/o Late Shekh Hanif

3. Ijaharul @ Ijaharul Alam S/o Shekh Bhola All are R/o VillageBhawanipur,P.S. Sikta,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sikta P.S. Case No. 31 of 2018, registered under Sections 341, 323, 354(B), 448/34 of the Indian Penal Code. Petitioner no. 1, Ali Akhtar along with other accused persons including petitioner nos. 2 and 3 tried to install a hut in the land of the informant and on protest made by her, petitioner no. 1, Ali Akhtar assaulted the informant on her hands and back by means of Saval. Other accused persons also assaulted her by means of Labda, while accused Nasr Alam, Basare Alam and Basi Akhatar dragged her in the room and tore her attire and

Patna High Court Cr.Misc. No.65984 of 2018(2) dt.21-12-2018 2/2 also teased her.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioner no. 1 is uncle of the informant while other petitioners are her agnates. There is land dispute between the parties. The informant has not sustained any injury. There is no allegation of teasing and tearing attire of the informant against the petitioners. The allegation levelled against the petitioners is general and omnibus.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Sikta P.S. Case No. 31 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) sushma/- U T