Md. Santjeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57987 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== 1.

MD. SANTJEER Son of Md. Samir Resident of Village - Paina, P.S.- Chousa, Distt - Madhepura.

2.

Md. Ibrahim Son of Shekh Muddi Resident of Village - Paina, P.S.- Chousa, Distt - Madhepura.

3.

Md. Samir Son of Shekh Muddi Resident of Village - Paina, P.S.- Chousa, Distt - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chousa P.S. Case No. 305 of 2018, disclosing the offence under Sections 341, 323, 384, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It transpires from the First Information Report that in the absence of the informant's husband, the persons named in the FIR were attempting to plough the land belonging to the informant's husband which was objected to by brother of the informant's husband. Allegedly thereafter the accused persons assaulted them and took away some cash. They were demanding

Patna High Court CR. MISC. No.57987 of 2019(2) dt.13-09-2019 2/2 extortion money from her.

Learned counsel appearing on behalf of the petitioners has submitted so many criminal cases have been lodged against the petitioners and a title suit has been filed by the informant in respect of the same land, which is pending.

Considering the above, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of the learned S.D.J.M. Uda Kishunganj, Madhepura, in connection with Chousa P.S Case No. 305 of 2018, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bounds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T