Md. Kasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55059 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.
MD. KASIM, aged about 60 years, Male, Son of Late Md. Tauhid R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 2.
Md. Azim, aged about 55 years, Male, Son of Late Md. Tauhid, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 3.
Md. Hasim, aged about 50 years, Male, Son of Late Md. Tauhid R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 4.
Bibi Hazra @ Hajra, aged about 53 years, Female, Wife of Md. Kasim, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 5.
Soni Khatun, aged about 33 years, Female, D/o Md. Kasim, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 6.
Naujat Praveen @ Nusrat Praveen, aged about 22 years, Female, Wife of Md. Sarfraj @ Bablu, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea.
7.
Bibi Bechni, aged about 64 years, Female, Wife of Md. Azim, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 8.
Makina Khatun @ Mokina Khatun, aged about 38 years, Female, Wife of Md. Kasim, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, DistrictPurnea. 9.
Sajda Praveen, aged about 14 years, Female, Wife of Md. Attaullah @ Upfu, R/o Lal Mohammad Toli, Mulkiya, P.S.- Barhara, District- Purnea. 10.
Md. Alam, aged about 45 years, Male, Son of Md. Ibrahim, R/o VillageRanipati, Sidhiyan, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.
The petitioners apprehend their arrest in Barhara P.S. Case No.80 of 2019, registered under Sections 341, 323, 354,
Patna High Court CR. MISC. No.55059 of 2019(3) dt.20-11-2019 2/3 379, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while she was filling earth in her field, all the ten petitioners came and asked the reason for filling earth. The informant claimed that she was getting earth filled in the lands of her share. It is alleged that all the accused persons assaulted her.
Learned counsel for the petitioners submits that on account of land dispute, the occurrence took place. The petitioners are the owner of the land and the informant being lady wanted to grab the land. When she was prevented from doing so, some scuffle took place. The injuries found on the person of the informant are simple in nature. Considering the facts aforesaid and the facts that there is omnibus and general allegation that all the petitioners assaulted the informant who claimed the land to be her own and the injuries found on the person of the informant are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail 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 C.J.M., Purnea in connection with Barhara P.S. Case
Patna High Court CR. MISC. No.55059 of 2019(3) dt.20-11-2019 3/3 No.80 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T