Md. Allauddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23296 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -POTHIYA District- KISANGANJ ======================================================

1. Md. Allauddin S/o - Late Md. Hussain

2. Md. Salam S/o - Late Md. Hussain

3. Md. Samsad S/o - Late Md. Hussain

4. Md. Noor Alam S/o - Late Md. Hussain

5. Md. Islamuddin S/o - Late Md. Hussain

6. Md. Akhlak @ Md. Ekhlak S/o - Md. Taiyab

7. Shohrat Bano @ Surya Bano D/o - Md. Taiyab

8. Farhana D/o - Md. Taiyab

9. Afsana D/o - Md. Taiyab

10. Ansari D/o - Md. Taiyab

11. Hasina Khatoon W/o - Md. Taiyab All are residents of Tariya, P.S. - Paharkatta, District - Kishanganj.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Diwakar Sinha For the Opposite Party : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 307, 323, 327, 353, 379 of the Indian Penal Code. It is alleged that when the police went to apprehend Md. Taiyab in connection with Pothia(Paharkatta) P.S. Case No. 115 of 2013 then Md. Taiyab raised alarm addressing the police as thieves, as a result of which the mob attacked on the police force by pelting stones and thereby obstructed the police in performance of official duty. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23296 of 2015 (2) dt.26-06-2015 2/2 petitioners that the alleged date of occurrence is 30.03.2013, whereas the order dated 10.12.2013 passed by learned Chief Judicial Magistrate, Kishanganj in connection with Pothia(Paharkatta) P.S. Case No. 115 of 2013 reflects that requisition was filed for issuance of arrest against Mumtaj, Taiman and Ashfaque but prayer of the police was refused and thereafter no prayer was made. Md. Taiyab was not named in the First Information Report of Pothia(Paharkatta) P.S. Case No. 115 of 2013 which was registered under Section 302 of the Indian Penal Code. Hence the whole case suggests the malicious action of the police. The daughter of Md. Taiyab lodged a complaint against the police personnel also.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothia(Paharkatta) P.S. Case No. 87 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.