Md. Jakiruddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3022 of 2017 Arising Out of PS.Case No. -227 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================
1. Md. Jakiruddin, son of Shekh Ahmad Resident of Mohalla - Ansar Nagar, P.S. Buldelkhand, District : - Nawada.
2. Md. Jamil S/o Md. Jakiruddin
3. Md. Danish S/o Md. Maksud Both residents of Village - Mohalla - Ansar Nagar, P.S. - Bundalkhan, District : Nawada.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Akbarpur P.S.Case No. 227of 2015 registered for the offences punishable under Sections 341, 504, 506, 420, 467, 468, 471 and 120B of the Indian Penal Code.
It has been submitted on behalf of the petitioners that though allegation of the informant is that petitioners got a sale deed executed with respect to the land, which belongs to her and when she protested the petitioners assaulted her. However, petitioners have purchased the land in the year 1965 from one Md. Maksood and since then they are in possession of the same and rent is being paid, which is evident from Annexures 3 and 4. It has further been submitted that father of petitioner No.3 has filed mutation case before the Municipal authority in the year 1989 but the same was rejected vide Annexure-2 and, as such, it is out and
Patna High Court Cr.Misc. No.3022 of 2017 (4) dt.28-03-2017 2/2 out a case in the nature of civil dispute.
Heard learned APP also.
Having heard both sides and in view of the above submission, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 227 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U