Md. Shamsher @ Shamsher Ali @ Md. Shamsher Ali And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53532 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -KORHA District- KATIHAR ======================================================
1. Md. Shamsher @ Shamsher Ali @ Md. Shamsher Ali S/o Abdul Latim
2. Md. Kalu S/o Nijam Ali, Both are R/o Nakkipur, Tingharia, P.S.- Korha, Distt.- Katihar.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in connection with a case registered under Sections 341, 323, 379, 354(A) and 504/34 of the Indian Penal Code.
Allegation in brief is that due to dispute of some bamboo, some other accused assaulted the son of the informant and specific allegation against the petitioners is that they also turned up outraged the modesty of the wife of the informant and assaulted.
It is submitted that there is no any injury to anyone. On petty issue, only quarrel took place but no injury or modesty of wife of informant was outraged. This case was lodged belatedly on
Patna High Court Cr.Misc. No.53532 of 2016 (4) dt.10-02-2017 2/2 24.8.2016 after lapse of eight days on the pretext that the informant was trying to make compromise by Panchayati however these petitioners have no criminal antecedent. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, namely, Md. Shamsher @ Shamsher Ali @ Md. Shamsher Ali and Md. Kalu be released 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 C.J.M., Katihar in connection with Korha P.S. Case No.197 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arun Kumar, J) N.H./- U T