Siraj And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29848 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================
1. Siraj Son of Pahalwan
2. Azabul Son of Pahalwan
3. Hannan Son of Mannan
4. Yasin Son of Pahalwan
5. Bhodu Son of Manan
6. Pahalwan Son of Mannan
7. Yusuf Son of Pahalwan
8. Fakir Son of Pahalwan
9. Sagir Son of Jakir
10. Putul Son of Lokman
11. Mozibur Son of Abu Sayed
12. Sadik Ali Son of Abu Sayed
13. Shahjahan Son of Mozibur
14. Jakir Son of Kusumuddin
15. Babul @ Bablu Son of Sadik Ali All residents of village - Bablabanna, P.S. Amdabad, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2016 Heard both sides.
The petitioners fifteen in number apprehend their arrest in Amdabad P.S. Case No. 33/2016, registered for the offences punishable under Sections 324, 504, 307, 354B and other sections of the Indian Penal Code.
The informant Md. Bilal named the petitioners and alleged that they all having armed with different weapons came
Patna High Court Cr.Misc. No.29848 of 2016 (4) dt.04-10-2016 2/3 and on the order of Hannan petitioners are alleged to have assaulted the informant, his wife and family members. Babul assaulted Babar the nephew of the informant with lathi on his head. All the accused persons assaulted Kayma Khatoon the aunt of the informant with lathi. The accused persons also assaulted Shahjahan the brother of the informant and his cousin Sultan. It is submitted that Kayma Khatoon got incised wound left parental region which is opined to be grievous in nature and Sultan got abrasion which is simple in nature. There is no specific allegation of assault against any of the petitioner. There is a counter version. The case diary was called for, but the Investigating Officer has submitted case diary only upto 30.03.2016.
Learned A.P.P. opposed the prayer for anticipatory bail of the petitioners.
It appears that there is case and counter case. Petitioners and the informant are close relatives. No specific allegation of assault is made against the petitioners.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be
Patna High Court Cr.Misc. No.29848 of 2016 (4) dt.04-10-2016 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Katihar in connection with Amdabad P.S. Case No. 33/2016 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T