Bibi Noorjahan And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19483 of 2016 Arising Out of PS.Case No. -217 Year- 2015 Thana -PALASI District- ARRARIA ======================================================

1. Bibi Noorjahan, w/o Helal

2. Md. Mojahid @ Mojahid, Son of Helal

3. Md. Ziyauddin @ Ziyauddin, son of late Tamizuddin

4. Md. Daud @ Daud, son of late Tamizuddin

5. Md. Taqasir @ Taqasir, Son of Md. Daud All are residents of Village Kakorwa, P.S. Palasi, District Araria. ...... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar Sharma, Advocate For the State : Smt. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 26-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Palasi P.S. Case No.217/2015 registered for offences punishable under Sections 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.

It is contended on behalf of the petitioners that there is a case and counter case for the same occurrence and petitioner no.2 has lodged F.I.R. which has been appended as Annexure 3. It is further contended that as per the allegation, six persons have been assaulted but there are only two injuries upon

Patna High Court Cr.Misc. No.19483 of 2016 (2) dt.26-05-2016 2 / 2 the informant which can easily be attributed to co-accused, Md. Helal as there is specific allegation against him of assaulting the informant upon his legs causing injury and injury nos. 1 and 2 shown in Annexure 2, which is injury report, on right and left legs and are grievous in nature.

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Palasi P.S. Case No.217/2015, the above named petitioners, Bibi Noorjahan, Md. Mojahid @ Mojahid, Md. Ziyauddin @ Ziyauddin, Md. Daud @ Daud and Md. Taqasir @ Taqasir shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T