Md. Mumtaz @ Mumtaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56047 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.
MD. MUMTAZ @ MUMTAZ S/o Md. Akhtar Nadaf Resident of VillageRahika, Ward no.-14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. 2.
Md. Hira Nadaf S/o Md. Akhtar Nadaf Resident of Village- Rahika, Ward no.-14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. 3.
Md. Murtuza S/o Md. Akhtar Nadaf Resident of Village- Rahika, Ward no.- 14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. 4.
Md. Taiyab S/o Md. Akhtar Nadaf Resident of Village- Rahika, Ward no.-14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. 5.
Md. Akhtar Nadaf S/o Md. Hadis Resident of Village- Rahika, Ward no.-14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. 6.
Mahluda Khatoon W/o Md. Akhtar Nadaf Resident of Village- Rahika, Ward no.-14, Barhara Tol, P.O. and P.S.- Rahika, Distt- Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikas Kumar Jha, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 379, 308, 504 and 506 of the Indian Penal Code. The informant alleges that in his absence the accused persons including the petitioners came to his house and started molesting his two daughters-in-law and assaulted his wife and
Patna High Court CR. MISC. No.56047 of 2022(2) dt.22-11-2022 2/3 even disrobed her, it is next alleged that Md. Mumtaz and Md. Murtuza snatched chain from his elder and younger daughter-inlaw respectively, thereafter, Md. Hira snatched chain of his wife and Md. Taiyab took away a box containing cash and document and thereafter came to the brick-kiln and assaulted him and his family members.
Learned counsel for the petitioners submits that the petitioners have antecedent of two cases and petitioner no. 6 is a woman, it is next submitted that petitioners have been falsely implicated in the present case. Learned counsel next submits that Rahika P.S. Case No. 46 of 2022 was instituted by the petitioner no. 6 against Md. Chand alleging that he molested her daughter, it is next submitted that petitioner no. 1, 2 and 4 are brothers and petitioner no. 5 is father of the victim of Rahika P.S. Case No. 46 of 2022 on account of which the present occurrence took place, it is next submitted that from perusal of Annexure-3 it would manifest that the dispute between the parties have been settled.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.56047 of 2022(2) dt.22-11-2022 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rahika P.S. Case No. 45 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T