Md. Aslam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35341 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -PALASI District- ARRARIA ======================================================
1. Md. Aslam, S/o Late Khalil,
2. Bibi Nanki @ Sabana @ Shabana Perveen. W/o Md. Aslam, Both are resident of Village- Ram Nagar, Tola Kumhia, P.S. Palasi, District- Araria. .... .... Petitioners
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Palasi P.S. Case No. 85 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379 and 504/34 of the Indian Penal Code, seek the privilege of pre-arrest bail.
Allegedly for land dispute the petitioners were abusing the informant and when the informant and his mother forbade them then they started assaulting by fat and slap and further the petitioner No. 1 assaulted with iron-rod on the head of the mother of the informant and snatched necklace and when the wife of the informant came to save,her clothes were torn,resulting she became
Patna High Court Cr.Misc. No.35341 of 2017 (2) dt.11-08-2017 2/2 naked.
Submission is of false implication and that there is case and counter case. There is free fight between the parties for land dispute. The petitioners have also received injuries, which are more serious than the injury received by the mother of the informant. The mother of the informant has received simple injury and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. after going through Annexure-4 fairly submits that the mother of the informant has received simple injury but on the head, there was injury.
In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Araria in connection with Palasi P.S. Case No. 85 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J) Vats/- U T