Sk. Khairati And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10296 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sk. Khairati Son of Sk. Sadeeque

2. Md. Izharul Haque Son of Sk. Khairati

3. Neshar Ahmad @ gudar Son fo Sk. Hafizullah

4. Khairul Nesha Wife of Nesar Ahmad,

5. Rahima Khatoon @ Sahima Khatoon Wife of Abdul Rab All are the resident of village - Purshottampur, P.S. - Chauradano, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 420, 323, 324, 307, 379, 387, 504 of the Indian Penal Code and 17 of the C.L.A. Act.

It is alleged that the First Information Report named accused persons came variously armed, demanded Rs. 5,000/- as donation, otherwise they threatened not to allow the construction of the house of the informant. It is also alleged that the accused persons assaulted the informant and when the nephew of the informant came to

Patna High Court Cr.Misc. No.10296 of 2015 (2) dt.12-03-2015 rescue he was also assaulted by the petitioners. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. The injury has been found to be simple in nature. The First Information Report suggests that the specific accusation of assault is against Sk. Haroon (non-petitioner).

Considering the aforesaid facts, 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 twelve weeks from today, 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, Ist Class, Raxaul at Motihari, East Champaran in connection with Chauradano P.S. Case No. 44 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T