Ishteyak Ahmed @ Ishtehaq Ahmad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51842 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1.Ishteyak Ahmed @ Ishteyaq Ahmad son of Md. Basir 2.Nezamuddin @ Nizamuddin son of Zainul Haque 3.Zainul Haque son of late Sheikh Hefajat 4.Ainul Haque son of late Sheikh Hefajat 5.Moinul Haque @ Mainul Haque son of late Sheikh Hefajat 6.Manirul Haque @ Manibul Haque All are residents of village-Hardiya, P.S.-Chhauradano, DistrictEast Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek pre-arrest bail in connection with Chhauradano P.S. Case No. 141 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 325, 380, 354, 307, 504 and 506 of the Indian Penal Code.

It is contended that the petitioners are victim of false implication in the present case because the informant along with his associates had enticed away Murshida Khatoon daughter of petitioner no.3 (Zainul Haque) for which Chhauradano P.S. Case No.142 of 2015 was registered under sections 366, 341, 323 and 324/34 of the Indian Penal Code by Hasbin Khatoon wife of

Patna High Court Cr.Misc. No.51842 of 2015 (2) dt.10-11-2015 2/2 petitioner no.3 (Zainul Haque) in which accused side, namely, Isteyak Ahmad and Hasina Khatoon have also sustained injuries. The injuries sustained by the informant and others have been found by the doctor to be simple in nature except injury no.1 found on the person of Sanaullah to be grievous in nature. Learned counsel for the informant has vehemently opposed the application filed on behalf of the petitioners. He has contended that the petitioners assaulted the informant and six others causing bodily injuries to them.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Chhauradano P.S. Case No.141 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T