Bibi Roshani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66482 of 2018 Arising Out of PS. Case No.-244 Year-2018 Thana- ARARIA District- Araria ==========================================

1. Bibi Roshani, Wife of Md. Jawed,

2. Bibi Tabassum, Wife of Md. Jawed,

3. Bibi Afroja, Wife of Md. Sakib,

4. Md. Ainul, Son of Shek Majloom,

5. Bibi Rahmati, Wife of Ainul,

6. Bibi Furki, Wife of Abadusamad,

7. Bibi Husanara, Wife of Ahamad,

8. Bibi Hajara, Wife of Fakhruddin,

9. Md. Amjad, Son of Fakhruddin, 10.Bibi Murshida, Wife of Muntzir, 11.Bibi Praveen, Wife of Amjad, 12.Md. Musfique, Son of Fakhruddin, All are resident of Village- Rampur- Mohanpur West, Ward No.05, P.S.- Araria (Bargachhi), Dist- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ========================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Md. Ansarul Haque ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 The petitioners seek bail in anticipation of their arrest in connection with Araria (Bairgachhi) P.S. Case No. 244 of 2018 dated 02.05.2018 instituted for the offences under Sections 147, 149, 341, 323, 324, 326, 447, 354(B), 379, 504, 506 of the Indian Penal Code.

Patna High Court Cr.Misc. No.66482 of 2018(2) dt.14-12-2018 2/3 It has been alleged in the F.I.R that when the accused persons including the petitioners tried to erect a house on the land of the informant, a protest was made. Thereafter, it has been alleged that the accused persons, variously armed with weapons, assaulted the informant and others.

The learned counsel for the petitioners has submitted that the allegations are general and omnibus and that also against many accused persons. The informant as well as his brother viz. Musharrat who are said to have been injured, have received only superficial injuries. Some of the petitioners do not have any concern with the land in question or with the informant of this case.

In view of the admitted land dispute, general and omnibus allegation against all of them and the petitioners having clean antecedents, the petitioners, above named, in the event of their arrest or surrender within a period of four weeks from today before the learned Court below, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of

Patna High Court Cr.Misc. No.66482 of 2018(2) dt.14-12-2018 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 244 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T