Md. Sattar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28376 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. MD. SATTAR son of late Kamruddin.

2. Md. Sahadat son of Md Sattar.

3. Bibi Pinki, wife of Ali Hasan. All are residents of village - Chutiya, P.S. Shambhuganj, District Banka.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Shambhuganj P.S. Case No. 31 of 2017 for the offences instituted under Sections 341, 323, 448, 384, 307, 354 and 504/34 of the IPC.

The prosecution story, in brief, is that the petitioners entered into the house of the complainant, who were 15 in number out of which the petitioners, namely, Md. Sattar and Bibi Pinki are alleged to have looted away cash Rs. 35,000/- clothes and ornaments from the box worth rupees two lacs whereas the petitioner Md. Sahadat demanded Rangdari of two Lacs and

Patna High Court Cr.Misc. No.28376 of 2017 (2) dt.06-07-2017 2/2 snatched Rs. 10,000/- from the pocket of the complainant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The petitioners are said to have been injured in course of occurrence. There is land dispute between the parties. In respect of which a Title Suit is also pending in the court below. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Shambhuganj P.S. Case No. 31/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T