Md. Akhtar @ Md. Akhtar Alam @ Akhtar Alam @ Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57712 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- Mufassil District- Purnia ====================================================== 1.

Md. Akhtar @ Md. Akhtar Alam @ Akhtar Alam @ Akhtar S/o Ijabul Haque @ Ajabul Rahman R/o vill - Parmanadpur, P.s.- Mufassil, Distt.- Purnea 2.

Md. Manir @ Manir Hussain S/o Md. Akhtar @ Md. Akhtar Alam @ Akhtar Alam @ Akhtar R/o vill - Parmanadpur, P.s.- Mufassil, Distt.- Purnea 3.

Rubela Khatoon @ Bibi Khamela Khatoon W/o Md. Akhtar @ Md. Akhtar Alam @ Akhtar Alam @ Akhtar R/o vill - Parmanadpur, P.s.- Mufassil, Distt.- Purnea 4.

Md. Tahir @ Tahir S/o Sarfuddin @ Safa @ Saifuddin R/o vill - Mahendrapur, Kachna, P.S.- Mufassil, Distt.- Purnea 5.

Sadiful @ Md. Sadiful @ Md Sadikul S/o Safruddin @ Safa @ Saifuddin R/o vill - Mahendrapur, Kachna, P.S.- Mufassil, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrarwal, Sr. Adv Mr.Bidhu Ranjan, Adv For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025 1.

Heard learned senior counsel for the petitioners, Shri N.K. Agrawal and learned A.P.P. for the State. 2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 126(2), 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.

3.

Learned senior counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that her cousin sister was married to Md.

2/4 Maneer about five months back, after marriage, the father of the husband, i.e., Md. Akhtar, was demanding dowry, thereafter it is alleged that on 14-5-2025, at 8.30 pm, Md. Akhtar, Md. Maneer, Md. Maksood, Rubela Khatoon, Md. Tahir, Jiyabul and Sadiful came and started abusing, thereafter Md. Akhtar assaulted the husband of the informant, Md. Tafejul, by sword causing injury on head, thereafter brother of the informant, namely Mokim, came to save him when he was assaulted by Md. Maneer by an iron rod causing injury on different parts of the body, thereafter Md. Tahir, Md. Sadikul assaulted Anwarul by sword and brick on account of which he became unconscious, it is next alleged that Md. Maksood and Rubela came from behind and dashed the informant on the ground and took away her silver chain along with Rs. 7,000/-. 4.

Learned senior counsel for the petitioners submits that petitioners have been falsely implicated on account of dispute in between Md. Maneer and his wife Mariam. It is next submitted that no doubt the husband of the informant is alleged to have been assaulted by Md. Akhtar causing injury on head and the injury has been opined to be grievous but the injury of Md. Mokim is opined to be simple. It is further submitted that from side of the petitioners also Mufassil P.S. Case No. 124 of

3/4 2025 was instituted against the side of the informant and others. It is next submitted that from side of the petitioners also Md. Tahir and Md. Sadiful received grievous injury caused by hard and blunt object. It is further submitted that though informant alleges that her husband was assaulted by Md. Akhtar by sword causing injury on head but then his injury though has been opined to be grievous but is lacerated and not an incised wound caused by hard and blunt object. It is next submitted that both sides assaulted each other and both sides have sustained grievous injury.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned senior counsel for the petitioners and also taking into consideration the fact that both sides have sustained grievous injury and petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection

4/4 with Muffasil P.S. Case No. 125 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T