Abdul Rahman Kuraishi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1181 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. ABDUL RAHMAN KURAISHI, Son of Late Rasid Kuraishi.

2. Anwar Kuraishi @ Anwar Hussain Kuraishi, Son of Gulam Mustafa Kuraishi.

3. Saidujjama Kuraishi, Son of Khalifujjama.

4. Pappu Kuraishi, Son of Late Gaffar Kuraishi.

5. Md. Ekramujjama Kujraishi @ Guddu, Son of Quamrujjama Kujraishi.

6. Javed Kuraishi, Son of Khalik Kuraishi.

7. Md. Ashif Kuraishi @ Ashif Kuraishi, Son of Late Gaffer Kuraishi.

8. Sharwar Kuraishi, Son of Gulam Mustafa Kuraishi.

9. Md. Avid @ Avid Kuraishi, Son of Khalik Kuraishi. All are residents of Mohalla-Saidpura, P.S.-Kaji Mohammadpur, District-Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kazi Mohammadpur P.S. Case No. 188 of 2016 for the offences instituted under Sections 147, 148, 149, 323, 337, 338, 307, 379 and 504 of the IPC.

The prosecution story, in brief, is that the petitioners and 8-10 unknown persons having armed with deadly weapons went to Md. Umar, informant's house and assaulted the informant with dagger and when his two brothers came to rescue they were also

Patna High Court Cr.Misc. No.1181 of 2017 (2) dt.16-01-2017 2/2 assaulted by them. They also looted valuable articles and cash from the house of the informant.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Due to petty reason, the alleged occurrence is said to have taken place among the children of the family. Vide Annexure-2 to the present application, the matter has already been compromised between the parties.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kazi Mohammadpur P.S. Case No. 188/2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum- Sub Judge-Ist, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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