Md Ali Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5286 of 2021 Arising Out of PS. Case No.-472 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

MD ALI HUSSAIN S/o Late Palat Rayeen R/o village- Saharghat, P.S.- Saharghat, District- Madhubani 2.

Khairul Nisha W/o Md. Ali Hussain R/o village- Saharghat, P.S.- Saharghat, District- Madhubani ... ... Petitioners

Versus

1.

The State of Bihar 2.

Shahida Khatoon @ Sahira Khatoon W/o Md. Phool Hussain R/o villageSaharghat, P.S.- Saharghat, District- Madhubani ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. T.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with C.R. No. 472 of 2019, registered for the offences punishable under Sections 341, 323, 504, and 354(B) of the Indian Penal Code. As per allegation, the petitioners assaulted and abused the complainant and they asked the complainant to withdraw the case lodged against the petitioners and their family members. Learned counsel for the petitioners has submitted that on

Patna High Court CR. MISC. No.5286 of 2021(2) dt.14-12-2021 2/2 07.10.2019, the family members of the complainant badly assaulted the petitioner and in this respect petitioner No. 1 Md. Ali Hussain earlier lodged a case in Saharghat P.S. Case No. 111 of 2019 and after that case this false and fabricated complaint case has been lodged. Considering the facts that prior to the present case, the petitioners' side has already lodged a case against the complainant and their family members, let the petitioners be released on bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Benipatti in connection with C.R. No 472 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T