Nafis v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42760 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- KADWA District- Katihar ====================================================== 1.
Nafis aged about 27 years, male, Son of Late Nabud, Resident of VillageShahnagar, Police Station- Kadwa, District- Katihar. 2.
Md. Muzaffar @ Muzaffar aged about 45 years, male, Son of Irfan, Resident of Village- Shahnagar, Police Station- Kadwa, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners apprehend their arrest in connection with Kadwa P.S. Case No.98 of 2019 registered under sections 147, 148, 149, 341, 323, 379, 354, 325, 307, 504 and 506 of the IPC.
The allegation against the petitioners, as per first information, is that the petitioner no. 1 assaulted the informant by means of iron rod on his hand and also the son of informant on his head. The allegation against the petitioner no. 2 is that he outraged the modesty of wife of the informant. Learned counsel submits that the petitioners have
Patna High Court CR. MISC. No.42760 of 2019(3) dt.27-09-2019 2/3 falsely been implicated in this case due to land dispute inasmuch as the land of the brother of the informant was purchased by the petitioner no. 1 and there was a dispute between the parties pertaining to the demarcation of the land. Learned counsel further submits that altogether 14 persons have been made accused and the injury caused to the informant and his son have been found to be simple in nature.
Learned counsel appearing for the State referring to the case diary submits that the injury caused to the informant and his son has been found to be simple in nature. Having regard to the submission made by the parties and taking into consideration the fact that both the parties are neighbours and there is land dispute between them and injury caused to the informant and his son have been found to be simple in nature, I am inclined to grant anticipatory bail to both the petitioners.
Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar in
Patna High Court CR. MISC. No.42760 of 2019(3) dt.27-09-2019 3/3 connection with Kadwa P.S. Case No. 98 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U