Mustaquim Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43420 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -IMAMGANJ District- GAYA ======================================================

1. Mustaquim Mian, S/o Late Gulam Nabi Mian

2. Israil Mian alias Md. Israil, son of Late Gulam Nabi Mian

3. Imteyaz Mian@Imteyaz Ansari, S/o Mustaquim Mian All are resident of Village- Bandoli, P.S.- Imamganj, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. P.N.Pandit(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Imamganj P.S. Case No.61 of 2015 for allegedly having committed the offences under Sections 448, 354, 341, 323, 307 and 379/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the entire allegation against the petitioners is false and creation by the informant. The allegation with regard to attempt to outrage the modesty of the informant is only mischievous as it had occurred on account of the fact that there was some dispute with regard taking of seats in a bus in the village and due to such dispute, there was a hot altercation between the parties,

Patna High Court Cr.Misc. No.43420 of 2015 (3) dt.25-01-2016 2/2 leading to injuries. Learned counsel for the petitioners further submits that the injuries as reported are also not correct as no injury was found on the head, rather an abrasion has been found thereat. So far as the other injury with regard to hurt on little finger is concerned, the same occurred on account of scuffle and there is no intention to kill, as has been made out in the F.I.R.

Considering the nature of allegations made and that the petitioners have clean antecedents, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, District-Gaya, in connection with Imamganj P.S. Case No.61 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T