Mukhtar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35954 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- ANGARH District- Purnia ====================================================== 1.

Mukhtar Alam, Son Of Abu Hayat, Resident Of Chandwar Kolha, P.S.- Angarh, District- Purnea.

2.

Azad Ali Alias Azhar Ali, Son Of Late Sohrab Resident Of Chandwar Kolha, P.S.- Angarh, District- Purnea.

3.

Manowara Khatoon Alias Manwara Khatoon, Wife Of Mukhtar Alam, Resident Of Chandwar Kolha, P.S.- Angarh, District- Purnea. 4.

Sonabhan, Wife Of Azad Ali Alias Azhar Ali, Resident Of Chandwar Kolha, P.S.- Angarh, District- Purnea.

5.

Arif Alias Md Arif, Son Of Azad Ali Alias Azhar Ali, Resident Of Chandwar Kolha, P.S.- Angarh, District- Purnea.

6.

Tajlu Begam, Wife Of Alif, Resident Of Pipaltoda, P.S.- Angarh, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim- Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2021 Heard both sides.

Petitioners apprehend their arrest in connection with Angarh P. S. Case No.04 of 2020 registered for the offences punishable under Sections 341, 323, 324, 307, 447, 504, 506 and 34 of the I.P.C.

The informant alleged that on 06.04.2020, all the accused persons were constructing the house on the land of the informant and when the informant objected, accused persons

Patna High Court CR. MISC. No.35954 of 2020(2) dt.08-04-2021 2/3 assaulted him with lathi and danda. Zahoor Ali and Abu Shama neighbour of the informant came to pacify the quarrel, but the accused persons also assaulted them.

Learned counsel for the petitioners submits that the petitioners are close agnates and they are nephew and uncles to each other. There is land dispute between two sides. Another Angarh P. S. Case No.05 of 2020 is also registered against the informant of the present case and others. The injuries found on the person of Jahur Ali and Abu Sama are simple in nature. Taking into consideration the facts aforesaid that the petitioners and the informant are close agnates and there appears that the quarrel took place between two sides for construction of the house. There is bonafide land dispute between two brothers in which both sides entered into the quarrel and assaulted to each other.

The injuries found on the persons are simple in nature, the petitioners, above named, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Angarh P. S. Case No.

Patna High Court CR. MISC. No.35954 of 2020(2) dt.08-04-2021 3/3 down under Section 438(2) of the Cr.P.C.

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