Md. Hashebul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50005 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- BIBIGANJ District- Kishanganj ====================================================== 1.

MD. HASHEBUL Son of Late Aaidul Miyan Resident of Village-Dhubri Tola, P.S.-Bibiganj, District-Kishanganj.

2.

Md. Tasmuddin Son of Late Aaidul Miyan Resident of Village-Dhubri Tola, P.S.-Bibiganj, District-Kishanganj.

3.

Ashlema Begum Wife of Md. Taslim Resident of Village-Dhubri Tola, P.S.- Bibiganj, District-Kishanganj.

4.

Noor Jahan Begum Wife of Hashebul Resident of Village-Dhubri Tola, P.S.- Bibiganj, District-Kishanganj.

5.

Safakan Begum Wife of Md. Tasmuddin Resident of Village-Dhubri Tola, P.S.-Bibiganj, District-Kishanganj.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bibiganj P.S. Case No. 08 of 2019 for the offence punishable under Sections 147, 341, 323, 354, 379 and 504 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners appears to be correct in his submission that the informant and the persons, named in the First Information Report, are neighbours and there is land dispute between them, as disclosed in the First Information Report itself. The

Patna High Court CR. MISC. No.50005 of 2019(2) dt.09-08-2019 2/2 occurrence, according to him, if any, appears to have taken place in the background of the internal dispute between the parties. He has submitted that the First Information Report contains exaggerated version of what has actually happened. Be that as it may, in my opinion, case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned A.C.J.M., Kishanganj, in Bibiganj P.S. Case No. 08 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T