Md. Sahabuddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26249 of 2015 Arising out of PS.Case No. -211 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================

1. Md. Sahabuddin, Son of Late Gausul.

2. Md. Israil @ Israil, Son of Md. Sahadat.

3. Md. Jahanwaj, Son of Sahabuddin.

4. Md. Ali Hasan @ Ali Hesan, Son of Late Gausul.

5. Md. Jahangir, Son of Late Md. Rafique.

6. Md. Nur Alam @ Jhabbu @ Noor Alam, Son of Md. Ali Hassan. All resident of village - Fekrahi, Police Station - Nauhatta, District - Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Md. Harun Quareshi, Advocate. For the Opposite Party : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 The petitioners are apprehending their arrest in connection with Nauhatta P.S. Case No. 211 of 2014 for the offences instituted under Sections 341, 504, 323, 354, 308, 379/34 of the I.P.C. and 3⁄4 of the Dian Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 29.10.14 at about 4.30 there has been some hot exchange of words with Md. Sahabuddin and Md. Sahadat with respect to forceful construction of house then she went to pacify the matter then the F.I.R. named

Patna High Court Cr.Misc. No.26249 of 2015 (2) dt.17-07-2015 2/2 accused persons abused and assaulted the informant and in course of occurrence the accused persons took away ornaments of the informant.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is further submitted that there is title suit also between the parties. It has further been submitted that other co-accused have been granted bail vide Cr. Misc. No. 17238 of 2015. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Nauhatta P.S. Case No. 211 of 2014 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 J.M. Ist Class, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T