Chhotelal Dom @ Chhotelal Malik And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51775 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chhotelal Dom @ Chhotelal Malik, son of Late Jadunandan Malik,
2. Ajay Malli @ Ajay Malik, Son of Chhotelal Dom @ Chhotelal Malik,
3. Meena Devi, wife of Chhotelal Dom @ Chotelal Malik,
4. Sanjay Malli @ Sanjay Malik, son of Chhotelal Dom @ Chhotelal Malik, All are resident of village-Raghunathpur Bazar, P.S. Sugauli, District-East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sugauli P.S. Case no. 62 of 2017, registered under Sections 341, 323, 352, 354, 324, 342, 307, 506 and 380/34 of the Indian Penal Code. The accusations is that on 22.11.2016 at about 2.00 P.M., complainant Roziya Khatoon was at her door at that time, seven accused named in the Complaint Petition, including the petitioners, came at the door of the complainant having armed with Lathi, Fatha and katta in their hand and petitioner No.1 Chhotelal Dom @ Chhotelal Malik started abusing her and asked about her husband Jamil Hussan, when informant made protest then Vinodh Mallik instigated to kill her then informant rushed in the house, but all the accused entered in the house and
Patna High Court Cr.Misc. No.51775 of 2017 (2) dt.02-11-2017 2/2 started to cause assault to her. At that time, Vinod Mallik caused Kata injury at her head and on the order of Vinod Mallik, petitioner No.2 along with petitioner No. 4 and one other started to unfold her Sari and at that time petitioner No.3 snatched her golden ear ring. The Petitioner No. 1 and Vinod Mallik took attachy in which cash of Rs. Four lakhs and clothes worth of Rs. 2000/- were kept.
Learned counsel for the petitioners submits that there is land dispute in between petitioner and the complainant and due to that reason this false case has been lodged. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 62 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T