Md. Farook @ Farok And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24985 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24985 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Md. Farook @ Farok, son of Late Gafoor,

2. Md. Mojibur Rahman @ Thithar @ Md. Mojib, son of Late Gafoor,

3. Md. Rakib @ Rakib, son of Late Gafoor,

4. Md. Mukhtar @ Mukhtar, son of Late Rasool, all residents of VillageDhokwa, Police Station- Dhamdaha, District- Purnia. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Choudhary For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 77 of 2016, registered under Sections 147, 148, 149, 323, 341, 504, 307 and 379 of the Indian Penal Code.

The accusation is that twenty persons named in the F.I.R. including the petitioners variously armed with weapons entered in the house of the informant and started looting the house hold articles of the informant. When the family members of the informant came to save him then Nisari Khatoon and Md. Konen, niece and son of the informant, were also assaulted by them. At

Patna High Court Cr.Misc. No.24985 of 2017 (3) dt.19-08-2017 that time, they also snatched the ornaments and cash of Rs.70,000/- from the informant.

Learned counsel for the petitioners submits that, in fact, informant and the petitioners are next door neighbour and due to petty dispute occurrence took place, regarding which, Dhamdaha P.S. Case No. 78 of 2016 is also instituted on the basis of written report of Nasmun Nisha against the informant of the present case and others. Further submission is that while the petitioners and 16 others are named in the F.I.R. with general and omnibus allegation to cause injury but no specific over act has been attributed against the petitioners.

Considering the aforesaid submissions, let the above named petitioners 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia, in connection with Dhamdaha P.S. Case No. 77 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T