Md. Kalamuddin @ Md. Kalamudrin And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55437 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- PARASBIGHA District- Jehanabad ======================================================
1. Md. Kalamuddin @ Md. Kalamudrin S/o Late Havibur Rahman Resident of Village - Nadaul, P.S. - Masaurhi, District - Patna.
2. Md. Ashraf S/o Late Havibur Rahman Resident of Village Dhamaul, P.S. Kinjar, Distt. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lallu Prasad For the Opposite Party/s :
Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.
The prosecution case, in short, is that in spite of taking consideration money, the accused persons were not executing sale deed and due to which some altercation arose and the accused persons assaulted the brother and son of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the
Patna High Court Cr.Misc. No.55437 of 2018(3) dt.12-10-2018 2/2 present case. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pranav Kumar Bharti, Judicial Magistrate, 1st Class, Jehanabad in connection with Paras Bigha P.S. Case No. 70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T