Jhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35229 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

JHARI Son of Mahmad Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

2.

Mangan Son of Late Md. Hadi Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

3.

Wajuddin Son of Jhari Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

4.

Md. Rakim Son of Mangan Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

5.

Fakruddin Son of Mangan Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

6.

Jakua Son of Mangan Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

7.

Tabassum Khatoon Wife of Abdur Rahman Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria. 8.

Niha Parween Daughter of Abdul Rahman Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria. 9.

Sadiya Daughter of Rahman Alam Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

10.

Bibi Najbun Wife of Jhari Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

11.

Fatkn @ Fatkan Son of Md. Poshan Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

12.

Kari Wife of Fatkan Resident of Village- Gaira Saifpur, Ward No. 7, P.S.- Araria, Dist- Araria.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

MrsVeena Rani Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners as well as

Patna High Court CR. MISC. No.35229 of 2019(2) dt.29-05-2019 2/3 learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

Specific allegation of assault by sword is against coaccused Rahman and and Tabassum Khatoon (petitioner no.7) Learned counsel for the petitioners submits that so far as these petitioners are concerned there is general and omnibus allegation and the injuries caused to the informant were simple in nature. There is land dispute between the parties and petitioners have no criminal antecedent. Petitioner no.7 Tabassum Khatoon is lady aged about 35 years. Considering the facts of the case, let all the twelve petitioners, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Araria Police Station Case No. 91 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial

Patna High Court CR. MISC. No.35229 of 2019(2) dt.29-05-2019 3/3 of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) Shashi U T