Md. Jameer And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54292 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================
1. Md. Jameer, son of Late Sahebjan,
2. Akhtari Khatoon, wife of Md. Jameer,
3. Sadu, son of Md. Jameer, All 1 to 3 are resident of Mohalla- Chakkar Road, Near Prabhat Tara School, P.S.- Kazimohammadpur, DistrictMuzaffarpur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Jubar Ahmad, son of Abdul Rauf, resident of Mohalla- Chak Wahid Manjhouliya Road, P.S.- Kazimohammadpur, District- Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Shaishav Kumar For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kazimohammadpur P.S. Case no. 41 of 2015, registered under Sections 341, 323, 324, 325, 427, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that on 31.10.2014, when the complainant went near his field situated at Prabhat Tara School then he saw Md. Jameer (Petitioner No.1) was opening drainage on his filed and broken his boundary wall, when the complainant made protest then petitioner No.1 pointed pistol giving threatening to kill him.
Patna High Court Cr.Misc. No.54292 of 2016 (2) dt.22-12-2016 2/2 At that time, petitioner No.2 and 3 pushed him on the ground and assaulted him. Thereafter, petitioner No.1 snatched his purse containing Rs. 4100/-. On raising alarm, nearby people reached there and petitioners fled away.
Learned counsel for the petitioners submits that, in fact, petitioner No.1 is the brother-in-law, petitioner No.2 is sister and Petitioner No.3 is Bhagina of the informant/complainant and due to family dispute, the present case has been lodged with false allegation. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 41 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T