Islam @ Islam Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48673 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- JOKIHAT District- Araria ====================================================== 1.

Islam @ Islam Uddin, Son of Late Aulad, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

2.

Jasim Son of Islam, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

3.

Bibi Ansir, Wife of Islam, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

4.

Rubi, Wife of Mahzar @ Manjar, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

5.

Nanhi, Wife of Nazim, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

6.

Nahin, Wife of Jasim, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

7.

Subhan Son of Late Surman, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria.

8.

Nursa Khatoon @ Mursa Khatoon, Wife of Late Surman, Resident of Village- Hardar, Ward No. 04, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Jokihat P.S. Case No. 169 of 2019, disclosing offences under Sections 341, 323, 325, 379, 354B, 447, 448, 504, 506, 34 of IPC.

Prosecution story disclosed that petitioners were getting the electric wire passed through the house of the informant and wire was disconnected and due to that, accused persons including the petitioners came and assaulted the informant and others disrobing the

Patna High Court CR. MISC. No.48673 of 2019(2) dt.05-08-2019 2/2 wife of the informant and also assaulted her, causing fracture injury to her hand.

Submission of the learned counsel for the petitioners is that informant and petitioner no.1 are own brothers and other petitioners are the villagers of the informant and there was a dispute with respect to crossing the electric wire and in which, some scuffle took place and in order to make the occurrence serious, the case of disrobing his wife has been lodged and the hand was fractured and the case is not under Section 307 of IPC. Further, submission is that there is delay of 05 days in lodging the F.I.R. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 169 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T