Patna High CourtCR. MISC./79901/2018bail granted

Md. Mojahid And ORS v. The State Of Bihar

2019-01-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79901 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- MAHILA P.S. District- Araria ======================================================

1. Md. Mojahid, son of Taiyab,

2. Soyeb, son of Taiyab,

3. Naiyar, son of Taiyab,

4. Kalim @ Md. Kalim, son of Rojid,

5. Monajir, son of Saiyad,

6. Kurban, son of Saiyad,

7. Moin, son of Samsuddin,

8. Mohammad Daud @ Md. Daud, son of Samsiddin,

9. Md. Akhtar, son of Kalim,

10. Ashraf, son of Kalim, All are resident of village-Sisouna, Ward No. 1, P.S.- Araria, Dist- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Araria (Mahila) P.S. Case No. 82 of 2018, dated 11.08.2018, instituted for the offences under Sections 341, 323, 354(B), 504 and 506 of the Indian Penal Code.

Though the allegation in the F.I.R. is of assault and outraging the modesty of female members, but from the

Patna High Court Cr.Misc. No.79901 of 2018(2) dt.16-01-2019 2/2 narration made in the F.I.R., it becomes very clear that there is a dispute over the claim of a particular portion of the land. The petitioners claim the land to be their paternal property. Considering the nature of allegation, the background facts and the petitioners being of clean antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Araria (Mahila) P.S. Case No. 82 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T