Patna High CourtCR. MISC./10227/2017disposed

Md. Shamshad Alam @ Shamshad Alam @ Md. Samsad And ORS v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10227 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Shamshad Alam @ Shamshad Alam @ Md. Samsad, son of Md. Hussain Thikedar,

2. Laddu @ Sahid Ekbal, son of Md. Hussain Thikedar, Both are Resident of Village- Janerwa, P.S.- Banjariya, District- East Champaran.

3. Sunil Kumar, Son of Dahari Mahto, Resident of Village- Daroga Tola, P.S.- Banjariya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Chhatauni P.S. Case No. 168 of 2016 lodged for the offences punishable under Sections 341,323,324, 506, 384, 387, 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is allegation of demand of extortion as well as assault. The major offence is under Sections 384, 387 and 324 IPC. So far as the allegation under Section 324, it is only against the petitioner No. 1 Md. Shamshad Alam.

Heard learned APP also.

Patna High Court Cr.Misc. No.10227 of 2017 (2) dt.20-03-2017 2/2 Having heard both sides and in view of the fact that there is allegation against petitioner nos. 2 and 3 that they were pressing the informant to sell his lands and against the petitioner no. 1 that he has assaulted the informant, and there is no other allegation in the FIR, let the petitioners, above named, surrender in the court below and pray for regular bail which will be considered by the court below itself without being prejudiced by the order of this Court on the basis of the materials available in the FIR itself and the learned court below shall try to dispose of the matter expeditiously preferably on the same day.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T