Md. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51345 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Md. Akhtar, Son of Late Md. Khalil Resident of Village-Belari, P.S.- Ujiarpur, District-Samastipur.

2.

Md. Jafar @ jafar sah makhdoomi Son of Md. Akhtar Resident of VillageBelari, P.S.-Ujiarpur, District-Samastipur. 3.

Pharida Khatun Wife of Md. Akhtar Resident of Village-Belari, P.S.- Ujiarpur, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Ujiarpur P.S. Case No.86 of 2018 for the offence punishable under Sections 323, 325, 341, 307, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners, as mentioned in the FIR is that the petitioners along with other co-accused persons assaulted the informant and her daughter. The allegation against the petitioner No.2 is that he assaulted the informant by means of Tengari causing injury to her.

Patna High Court CR. MISC. No.51345 of 2019(2) dt.17-08-2019 2/3 Mr. Mukesh Kumar No.1, learned counsel for the petitioners submits that petitioners as well as the side of the prosecution are relatives and there is a land dispute between them. Learned counsel further submits that there is a case and counter case between the parties for the same incident inasmuch as the petitioner No.1 has lodged Ujiarpur P.S. Case No.85 of 2018 against the side of prosecution. Learned counsel submits that the side of the petitioners have also received injuries. Learned counsel relying upon statement made in para 8 and 9 submits that the injury caused to informant due to the alleged assault made by petitioner No.2 are simple in nature and there is no specific allegation against the petitioner No.1 and petitioner No.3.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are related and there is a case and counter case and the case lodged by the side of the petitioner is prior in time and the injury caused to the informant is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a

Patna High Court CR. MISC. No.51345 of 2019(2) dt.17-08-2019 3/3 period of four weeks from today and in the event of surrender by them, they 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 learned Sub Divisional Judicial Magistrate, Samastipur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T