Md. Naquib v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29215 of 2015 Arising out of PS.Case No. -55 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Md. Naquib, S/o Md. Aquil @ Md. Amin, resident of Village Mirjapur, P.S. Biraul, District Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Mehrun Nisha W/o Md. Babar Ali R/o Village Mirjapur, P.S. Biraul, District Darbhanga.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Nath Jha, Advocate. For the State : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 The petitioner is apprehending his arrest in connection with C.R. No. 55/2013 for the offences instituted under Sections 420, 120(B), 467, 468, 471, 354, 341, 447, 379 of the I.P.C. but learned court below took cognizance under Sections 323, 354, 341 and 379 of the IPC.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the petitioner alongwith other accused persons began to cut the wheat crop from the land of the complainant and when she objected, the petitioner alongwith others abused and assaulted the complainant. It is alleged that co-accused Aquil began to pull the Sari of the

Patna High Court Cr.Misc. No.29215 of 2015 (2) dt.27-07-2015 2/2 complainant and this petitioner took Hansli from the complainant. Later on, the complainant knew that accused Abdul Bari executed the said land after conspired with other accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. As far as offence under Section 354 of the IPC., is concerned, the same is against other coaccused and as far as Section 374 of the I.P.C. is concerned, the same is ornamental. It is further submitted that there is land dispute between the parties.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 55/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Benipur (Darbhanga), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T