Md. Bablu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18227 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -SRI NAGAR District- MADHEPURA ======================================================
1. Md. Bablu
2. Md. Pinku
3. Md. Chand All Sons of Late Md. Shaukat
4. Md. Salim, Son of Late Mehruddin
5. Md. Bauwa
6. Md. Mithu Both Sons of Md. Jahangir
7. Md. Firoz, Son of Late Md. Aiyub All Resident of village - Madninagar, Mangalbara, Police Station - Shrinagar, District - Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Pankaj Kumar Jha, Advocate For the Opposite Party : Mr. Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2016 At the outset, learned counsel for the petitioners submits that so far as the case of petitioner no.4 Md. Salim and Petitioner No.7 Md. Firoz are concerned, it has become infructuous in view of the fact that they have already been taken into custody.
Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner Nos.1, 2, 3, 5 and 6 are apprehending their arrest in connection with Shrinagar P.S. Case No.12 of
Patna High Court Cr.Misc. No.18227 of 2016 (4) dt.27-07-2016 2/3 2015 for allegedly having committed the offences under Sections 147, 148, 149, 323, 325, 307, 380, 427, 504, 506 and 447 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is case and counter case between the parties and both the parties have lodged their own cases. The injuries purported to have been inflicted by the present petitioners have been found to be simple in nature. So far as the injuries inflicted by petitioner Nos.5 and 6 on the informant are concerned, the same are general and omnibus and the injuries cannot particularly be attached to either of them.
Considering the aforementioned facts and circumstances, the history of litigations and also the nature of injuries and above all that the petitioners have been made accused in a case under Section 498A of the I.P.C. and two other cases of similar nature between the parties inter se, let the petitioner Nos.1,2, 3, 5 and 6, namely, Md. Bablu, Md. Pinku, Md. Chand Md. Bauwa, Md. Mithu, respectively, 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.18227 of 2016 (4) dt.27-07-2016 3/3 amount each to the satisfaction of Sri A.K. Pathak, learned Judicial Magistrate, 1st Class, Madhepura, in connection with Shrinagar P.S. Case No.12 of 2015, corresponding to G.R. No.253/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T