Saheed Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61451 of 2017 Arising Out of PS. Case No.-228 Year-2017 Thana- LAURIYA District- West Champaran ======================================================
1. Saheed Mian, S/o Late Jamir Mian,
2. Gamha Mian @ Gama Sah S/o Late Sahadat Mian,
3. Bhandul Mian S/o Saheed Mian,
4. Bahadur Mian S/o Saheed Mian,
5. Diljaan Mian S/o Haroon Mian,
6. Nathuni Mian S/o Haroon Mian,
7. Firoz Mian S/o Diljaan Mian, All are R/o Village- Maulanagar P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No.-7 For the Opposite Party/s :
Mr. SRI KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/308/354B/504 of the Indian Penal Code.
The prosecution case is that the informant Julekha Khatoon was going to Brahm Asthan to witness a Panchayati on 27.08.2017, but when she reached near the house of Vinod Baitha, then all the FIR named accused persons surrounded her and started abusing her. Thereafter, petitioner no.2. Gama Mian
Patna High Court Cr.Misc. No.61451 of 2017(2) dt.19-12-2017 2/3 assaulted on the neck of the informant with farsa, but it caused injury on her lips, petitioner no.1, Saheed Mian assaulted with lathi and petitioner no.3, Bhandul Mian assaulted with iron rod. It is further alleged that petitioner no.5, Diljaan Mian tore her blouse.
It is submitted by learned counsel for the petitioner that in the background of petty dispute the accusation has been levelled. No substantial injury has been caused to the informant as the learned Sessions Judge has not quoted any injury. There is counter version of the occurrence also and the informant has retracted from the initial version. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Considering the nature of accusation, counter version of the occurrence and retracted version of the informant and coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, 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 amount each to the satisfaction of the learned ACJM, Bettiah,
Patna High Court Cr.Misc. No.61451 of 2017(2) dt.19-12-2017 3/3 West Champaran, in connection with Lauriya P.S. Case No. 228 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U