Md. Mehmoood @ Md. Mahmood And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52076 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Mehmoood @ Md. Mahmood son of Atikur Rahman

2. Md. Nurul Hassan @ Md. Noor Hassan @ Noor Hassan son of Md. Faruk Both residents of village- Kota, P.S.- Barsoi, District- Katihar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Suresh Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barsoi P.S. Case No. 126 of 2015 instituted for the offences punishable under Sections 365, 342, 323, 307 and 504/34 of the Indian Panel Code.

As per prosecution case, the accused persons along with a person in police uniform came to the house of the informant and asked his younger brother, the informant called his brother and then the accused persons forcibly boarded both the brothers inside four wheeler and took them at Barsoi. They asked the informant and his brother about a girl with regard to

Patna High Court Cr.Misc. No.52076 of 2015 (3) dt.10-02-2016 2/2 kidnapping and to be kept in their house upon which the informant denied. Thereafter, all the accused persons brutally assaulted the informant and also fed something by opening his mouth, which caused him senseless.

It has been submitted on behalf of the petitioners that the petitioners have been granted bail by the police. Let the learned court below pass an appropriate order with regard to regular bail of the petitioners and try to dispose off the same in view of ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) P.L.J.R. 491, if the petitioners pray for regular bail within a period of six weeks from today.

With the above observation, this application is disposed off.

Let this order be communicated to the learned Chief Judicial Magistrate, Katihar in connection with Barsoi Police Station Case No. 126 of 2015.

(Sudhir Singh, J.) ajaypd./- U T