Qumruddin Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47745 of 2017 Arising Out of PS. Case No.-141 Year-2017 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Qumruddin Khan, Son of Late Razzak Mian.

2.

Irfaan Khan, Son of Quamruddin Khan.

3.

Beby Khatoon, W/o Qumruddin Khan All are Resident of Village- Rajpur, P.S.- Nasriganj (Rajpur), District- Rohas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Shankar Sahay, Adv Mr. Ajay Nandan Sahay, Adv.

For the Informant :

Mr. Chhotelal Mishra, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned Counsels appearing on behalf of the petitioners, informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/354/504/307/324/379/34 of the Indian Penal Code. Prosecution case is that petitioner no.1, Qumruddin Khan, pushed the informant with bad intention and on protest being made the petitioner no.1 assaulted with lathi. When the husband of the informant and her daughter came for rescue of the informant, they were also assaulted. It is alleged that petitioner no.2, Irfan Khan, assaulted on the head of the daughter of the informant with a bat. It is also alleged that they

Patna High Court Cr.Misc. No.47745 of 2017(2) dt.17-10-2017 2/3 caused biting injuries to the informant's husband and daughter. It is further alleged that petitioner no.1 snatched ear-ring worth Rupees Twenty Nine Thousand from the daughter of the informant.

It is submitted by learned Counsel appearing on behalf of the petitioners that petitioner no.1 is the own brother of the husband of the informant, whereas, petitioner nos. 2 and 3 are son and wife of petitioner no.1. In the background of some family dispute, the accusation has been levelled. The injury of the informant, her husband and daughter has been found to be simple in nature. The petitioners are ready to deposit Rupees Five Thousand before the learned Court below for medical assistance to the injured.

Learned APP appearing on behalf of the State submits that informant, her husband and daughter have been assaulted by the accused persons as a result they received injury. Considering the nature of relationship between the parties and the present stand of the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.47745 of 2017(2) dt.17-10-2017 3/3 amount each to the satisfaction of the learned SDJM, Bikramganj, District- Rohtas, in connection with Nasriganj (Rajpur) P.S. Case No.141 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on deposit of Rupees Five Thousand before the learned Court below which will be released by the learned Court below in faovur of the informant.

(Dinesh Kumar Singh, J) Ashwini/- U T