Md. Samshe Alam And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24974 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24974 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Md. Samshe Alam son of Nijamuddin

2. Md. Asrar Alam @ Md. Israr son of Mahmood Alam

3. Md. Kalamuddin son of Hakim

4. Md. Azaj Ahmad @ Ejaj Ahmad son of Md. Jalaluddin All residents of village - Dhanhara, P.S. Parsauni, District - Sitamarhi. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Parsauni P.S. Case No. 105 of 2016 registered for the offences punishable under Sections 341, 452, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Against the petitioners there is general and omnibus allegation for assaulting the informant, specific allegation is against Sahabuddin for assaulting with Dabiya on head. Submission is of false implication due to land dispute and previous enmity, the informant of this case and others are accused of Parsauni P.S. Case No. 88 of 2013 lodged on the basis of fardbeyan of Rukshana Khatoon the mother of petitioner no. 1

Patna High Court Cr.Misc. No.24974 of 2017 (2) dt.14-07-2017 and further the informant is accused in Parsauni P.S. Case No. 106 of 2013 which was lodged by the brother of petitioner no. 1 and as such the petitioners deserve sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that specific allegation is against only Sahabuddin, the petitioners above named, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 105 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T