Md. Islam @ Sheikh Islam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23105 of 2015 Arising Out of PS.Case No. -877 Year- 2000 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Md. Islam @ Sheikh Islam .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 341 and 379 of the Indian Penal Code.
It is alleged that in the background of pending Partition Suit No. 122 of 1996, this petitioner along with co-accused Laxmi Khatbey made assault to the complainant, took `1,500/- and obtained complainant's LTI on a plain paper.
It is submitted by learned counsel for the petitioner that in the background of property dispute and pending title suit, the accusation has been levelled. Though, co-accused has been discharged but since the petitioner was employed abroad, hence he could not appear before the learned court below. Considering the fact that the complaint was filed in the
Patna High Court Cr.Misc. No.23105 of 2015 (2) dt.13-07-2015 2/2 year 2000, this Court is not inclined to interfere. Considering the fact that other co-accused has been discharged and accusation has been levelled in the background of pending partition dispute, it is a case for consideration of regular bail.
The aforesaid facts constitute good ground for consideration of prayer for regular bail.
Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with C.R. Case No. 877 of 2000 pending in the court of learned CJM, Darbhanga.
Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T