Patna High CourtCR. MISC./51779/2015bail granted

Md. Rahmatullah @ Rahamtullah @ Rahman And ANR. v. The State Of Bihar

2015-11-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51779 of 2015 ======================================================

1. Md. Rahmatullah @ Rahamtullah @ Rahman, S/o Sidik

2. Md. Sadik @ Md. Sidik, S/o Late Md. Oli Both R/o Village+P.S.- Nauhatta, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Nauhatta P. S. Case No. 73 of 2015 registered under Sections 341, 504, 323, 448, 427, 380, 506, 324, 307/34 of the Indian Penal Code.

It is contended that there is a case and counter case for the occurrence which is alleged to have taken place on 09.04.2015. The petitioner no. 1 Mr. Rahmatullah had lodged FIR against the informant and others bearing Nauhatta P. S. Case No. 79 of 2015 registered under Sections 147, 149, 323, 504, 447, 307, 427, 379 and 363 of the Indian Penal Code. The petitioners and their wives had also sustained injuries in the alleged incident. The injuries

Patna High Court Cr.Misc. No.51779 of 2015 (2) dt.09-11-2015 2/2 sustained by the members of the prosecution party are all simple in nature.

Learned counsel for the State has opposed the application filed on behalf of the petitioners. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. Kumar, Judicial Magistrate, 1st Class, Saharsa in Nauhatta P. S. Case No. 73 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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