Md. Jakir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28760 of 2015 Arising out of PS.Case No. -20 Year- 2015 Thana -BANGAON District- SAHARSA ======================================================

1. Md. Jakir, son of Md. Ishaque @ Md. Ishaue.

2. Md. Ishaque @ Md. Ishaue, son of Late Md. Salamat, resident of Village - Kamalpur, P.S. - Bangaon, District - Saharsa. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Nafisuzzoha, Advocate. For the Opposite Party : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 The petitioners are apprehending their arrest in connection with Bangaon P.S. Case No. 20 of 2015 for the offences instituted under Sections 323, 324, 354, 341 and 307/34 of the IPC. Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 30.03.2015 at 9.00 Md. Jakir and Md. Ishaque were opening gate towards her land and when it was objected then accused Md. Jakir started assaulting her with sickle on her head and Md. Ishaque assaulted her with Lathi and they also abused her due to which she fell down and thereafter she was brought to PHC for medical treatment. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.28760 of 2015 (2) dt.23-07-2015 2/2 petitioners and the informant are agnates. It has further been submitted that due to a passage with the home there was some dispute between the parties and for the said reason, the petitioners have falsely been implicated in the present case. It is further pointed out that from perusal of the injury report, it would appear that injury nos. 1 and 3 are simple in nature and as far as the injury no. 2 is concerned, the same has been caused due to fall on the hard surface.

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

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bangaon P.S. Case No. 20 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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