Md. Mutula @ Asmtula v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10633 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== Md. Mutula @ Asmtula son of Md. Olif Resident of Village Meran, P.S. Rajnagar, District- Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.15189 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== Md. Haider son of Md. Jabbar Resident of village Meran, P.S. Rajnagar, District - Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.10633 of 2016) For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) (In Cr.Misc. No.15189 of 2016) For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.
The petitioners, in both the cases, apprehend their arrest in connection with Rajnagar P.S. Case No. 92 of 2015 registered for offences punishable under Sections 315/34 of the Indian Penal Code.
The Informant in the First Information Report has stated
Patna High Court Cr.Misc. No.10633 of 2016 (4) dt.20-06-2016 that his wife had asked him not to bring Potato and Patal from the market but, he brought the same due to which an altercation took place. Ruksana Khatun, sister of the Informant, abused his wife and assaulted her. Mother, Kurausa Khatun also assaulted his wife. It was further alleged that Kharija Khatun, Md. Mutula and Md. Haidar are neighbors of the Informant who also assaulted the wife of the Informant.
It is submitted that Bhuli Khatoon and Ausila Khatoon have already been granted anticipatory bail by the learned Additional Sessions Judge. The case of the petitioners stand on similar footing. No injury was found on the person of the wife of the Informant. It has also been submitted that the occurrence had taken place on 1.6.2015 whereas the First Information Report was lodged on 4.6.2015.
It has been submitted that the petitioners in both the cases are neighbors of the Informant and they have falsely been implicated in the present case. It has also been submitted that the mother and sister of the Informant have assaulted the wife of the Informant along with two others.
Having considered the facts aforesaid and the fact that the similarly situated accused persons have already been granted anticipatory bail, the petitioners above named, in the event of their
Patna High Court Cr.Misc. No.10633 of 2016 (4) dt.20-06-2016 arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Judicial Magistrate-1st, Madhubani in connection with Rajnagar P.S. Case No. 92 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J) Rishi/- U T