Md. Juber @ Md. Zeebhair Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.3818 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3818 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -RUPAULI District- PURNIA ====================================================== Md. Juber @ Md. Zeebhair Ali, son of Late Md. Qurban Ali, resident of Village- Arajpur, P.S.- Chousa, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Rupauli (Akbarpur) P.S. Case No. 144 of 2016, registered under Sections 147, 148, 149, 341, 323, 324, 307, 384, 379, 376, 511 and 325 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that petitioner along with others came at the house of the informant and made demand of Rs.1,00,000/- as ransom from the informant in order to cultivate his land. On 14.07.2016, when the informant reached at his land then all accused persons named in the F.I.R. including the petitioner came there and started to assault him. In the meantime, Md. Kayum caused injury through butt of the gun at the mouth of Sahansa, nephew of the informant. When the informant came to save his nephew then other accused assaulted her. At that

Patna High Court Cr.Misc. No.3818 of 2017 (2) dt.14-02-2017 time, Md. Saif Ali took cash of Rs.10000/- from her pocket whereas Md. Ijrail tried to commit rape at the informant. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. along with others but no specific overt act has been attributed against him. Moreover, injuries as found on the person of injured are simple in nature except injury no. 4 of Sahansa, nephew of the informant, which is said to be caused by Md. Kayum. Further submission is that due to land dispute occurrence took place, in which, petitioners side also sustained injury, regarding which, Rupauli (Akbarpur) P.S. Case No. 145 of 2016 is also instituted. It is further submitted that petitioner has no criminal antecedent and is in custody since 14.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Ist, Purnea, in connection with Rupauli (Akbarpur) P.S. Case No. 144 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T