Md. Illiyas And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17355 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -BHAIRABASHTHAN DistrictMADHUBANI ======================================================

1. Md. Illiyas, Son of Late Hakim.

2. Md. Laddu, son of Md. Illiyas.

3. Md. Tanveer Alam @ Md. Janveer @ Md. Tanveer, Son of Md. Illiyas, resident of Salempur, P.S. Pandaul, District- Madhubani.

4. Md. Karmat Ali, Son of Md. Safia Ali, resident of Babubarhi, P.S.- Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 09-07-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhairab Asthan P.S. Case No.111 of 2014 registered under Sections 341, 323, 325, 504, 354(A) and 379/34 of the Indian Penal Code, in which later on Section under the POCSO Act was added, pending in the court of A.C.J.M., Jhanjharpur, Madhubani. The accusation is that when the informant was bathing in the canal, in that course, the petitioner no.2, Md. Laddu, started to tease her with a bad intention. The informant made protest and

Patna High Court Cr.Misc. No.17355 of 2015 (3) dt.09-07-2015 2/3 returned to her house and informed her family members regarding the alleged occurrence. Thereafter, the petitioners came to the house of the informant armed with lathi and iron rod on a motorcycle and started to abuse the informant and on the objection being made by her they started altercation. At that time, the petitioner no.1, Md. Illiyas assaulted the father of the informant with iron rod causing injury on his left leg. Thereafter, when Ramdhani Mukhiya, RAmchandra Mukhiya and Somni Devi, rushed there to patch up they matter, they were also assaulted by the petitioners and they also snatched the Mangalsutra from the neck of the mother of the informant and Rs.10,000/-.

Learned counsel appearing on behalf of the petitioners submits that regarding the dispute, there is counter case bearing Bhairab Asthan P.S. Case No.113 of 2014 lodged by the petitioner no.3, Md. Tanveer Alam alias Janveer alias Md. Tanveer, against the father of the informant and others. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected.

Patna High Court Cr.Misc. No.17355 of 2015 (3) dt.09-07-2015 3/3 shall be considered by the trial court on its own merit without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T