Md. Furkan @ Furkan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57841 of 2024 Arising Out of PS. Case No.-316 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Md. Furkan @ Furkan Khan S/o Late Lokman R/o vill - Auraiya, P.s . and Distt - Lakhisarai 2.
Md. Jhunnu @ Jhunnu S/o Md. Jamshed @ Jamshed R/o vill - Auraiya, P.s . and Distt - Lakhisarai 3.
Md. Jamshed @ Jamshed S/o Late Anik @ Md. Hanif R/o vill - Auraiya, P.s . and Distt - Lakhisarai 4.
Md. Jumrati @ Jumrati @ Md. Minaz S/o Md. Jamshed @ Jamshed R/o vill - Auraiya, P.s . and Distt - Lakhisarai 5.
Kunti Begum W/o Md. Jamshed @ Jamshed R/o vill - Auraiya, P.s . and Distt - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Harun Quareshi, Advocate For the Opposite Party/s :
Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard Mr. Md Harun Quareshi, learned counsel appearing on behalf of the petitioner and Ms. Rita Verma, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Lakhisarai P.S. Case No. 316/2024 registered for the offence(s) punishable under Sections 341, 323, 307, 354, 354(B), 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the accused persons named therein including the petitioners
Patna High Court CR. MISC. No.57841 of 2024(2) dt.04-09-2024 2/3 assaulted the informant and also outraged her modesty and when family members came to save her, the accused persons also assaulted them. Multiple injuries are found on the vital part of the body of the informant, as recorded in the impugned order in paragraph no.3.
4. Learned counsel appearing on behalf of the petitioner submitted that there is ongoing land dispute between the parties and informant is indulged in filing of criminal cases one after another against the petitioners, which would appear from the information given in paragraph no.3 of the bail application.
5. Mr. Manoj Kumar, learned counsel has tendered his appearance on behalf of the informant and submitted that the informant was brutally assaulted by the petitioners and she sustained injury on the vital part of the body and her family members were also assaulted and they also sustained injury and thereafter, they were treated at a government hospital and, as, petitioners don't deserve to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as the previous antecedents of the
Patna High Court CR. MISC. No.57841 of 2024(2) dt.04-09-2024 3/3 petitioners except petitioner no.4, who are involved in criminal cases and the injury sustained by the informant, as recorded in the impugned order in paragraph no.6, I am not inclined to enlarge the petitioners on pre-arrest bail. Accordingly, the present bail application is dismissed.
7. However, the petitioners, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the District Court is directed to consider the bail application of the petitioners on the same day and pass necessary order on the basis of material which has come in course of investigation without delay.
(Purnendu Singh, J) Sanjay/- U T