Md. Mutoo Jee @ Murtaza @ Md. Murtaza And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59113 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Md. Mutoo Jee @ Murtaza @ Md. Murtaza, Son of Md. Kishmat.

2. Bipin Pandit, Son of Fulchand Pandit.

3. Dharmendra Kumar @ Dharmendra Kumar Sahni, Son of Late Dhiro Sahni @ Umesh Sahni.

4. Dharmendra Sahni, S/o Late Rameshwar Sahni.

5. Samsooj @ Samsooj Zoha, Son of Md. Kishmat Miya

6. Anil Sah, Son of Late Tribeni Sah @ Late Guddu Saw, All residents of Village- Koria Haiwatpur, P.S. Mufassil, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 447, 448, 323, 307, 379, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the daughters, son and nephew of the informant by means of lathi, danda, iron rod, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.59113 of 2018(3) dt.28-11-2018 2/2 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 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. 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 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. case No.179 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T