Md. Rahbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36318 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- JOKIHAT District- Araria ====================================================== 1.

Md. Rahbar son of Late Subhan R/o Village- Bhagwanpur, P.S- Jokihat, District- Araria.

2.

Md. Ali Hasan S/o Late Subhan R/o Village- Bhagwanpur, P.S- Jokihat, District- Araria.

3.

Md. Sahber @ Md. Sahbar son of Late Subhan R/o Village- Bhagwanpur, P.S- Jokihat, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

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

The matter has been taken up through video conferencing.

The petitioners apprehend their arrest in Jokihat PS case No. 199/2019 registered under Section 341, 323, 324, 307, 354B, 379, 447, 448, 504, 506/34 of the IPC.

The informant alleged that petitioners and others forcibly entered into her house and on the order of Navi Hasan the accused persons snatched her ornaments. Md. Rahbar, petitioner No.1, is said to have put her down on the ground and assaulted her. The villagers came and saved the informant. The learned counsel for the petitioners submits that petitioners are next door neighbours. There is counter version being Jokihat PS case No. 200/2019. The occurrence took place due to cutting of bamboos. Both sides sustained injuries but

Patna High Court CR. MISC. No.36318 of 2020(2) dt.08-04-2021 2/2 injuries are simple in nature. The petitioners are not the authors of the injuries.

Taking into consideration the facts aforesaid and the nature of allegation made against the petitioners and the fact that there is case and counter case and both sides appear to have entered into scuffle and assault on each other but the injuries found on the person of informant and others are simple in nature, 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 Jokihat P.S. case No. 199/2019 subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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