Afaque Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45068 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -PALASI District- ARRARIA ======================================================
1. Afaque Khan Son of Aijum Khan
2. Bali Khan @ Balle Khan Son of Razi Khan
3. Amid Khan @ Amir Khan Son of Suleman Khan
4. Shazia Khatoon Wife of Tahir Khan
5. Munna Son of Equbal Khan All resident of village - Bansar, P.S. Palasi, District - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.
It is alleged that petitioner no. 1 Afaque
Patna High Court Cr.Misc. No.45068 of 2015 (2) dt.02-11-2015 2/3 Khan assaulted Salik and petitioner nos. 2 and 3 assaulted Naushad. The opinion with regard to the injury caused to Salik has been reserved when Naushad has received grievous injury. So far as petitioner no. 4 and 5 are concerned, petitioner no. 4 caused simple injury and there is no specific accusation against petitioner no. 5.
Considering the nature of accusation, let the learned court below consider the prayer for regular bail of petitioner nos. 1, 2 and 3, namely, Afaque Khan, Balli Khan @ Balle Khan and Amid Khan @ Amir Khan, if they surrender before the learned court below within a period of six weeks from today.
So far as petitioner nos. 4 and 5 are concerned, since they have not caused any grievous, the accusation has been levelled in the background of land dispute and there is counter version of the occurrence, let petitioner nos. 4 and 5, namely, Shazia Khatoon and Munna be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Araria in connection
Patna High Court Cr.Misc. No.45068 of 2015 (2) dt.02-11-2015 3/3 with Palasi P.S. Case No. 107 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T