Shahnawaz @ Shahnawaz Ali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34549 of 2016 Arising Out of PS.Case No. -184 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shahnawaz @ Shahnawaz Ali S/o Arshad Ali
2. Shamsher Nawaz S/o Arshad Ali
3. Nazrul Islam S/o Md. Hashim
4. Md. Hasid S/o late Md. Idrish
5. Md. Kazim S/o late Md. Rafik. All are Resident of Village- Rampur Kodar, P.S. Kesariya, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.
The petitioners apprehend their arrest in Chakiya P.S. Case No. 184/2015, registered for the offences punishable under Sections 307, 406, 420 and other sections of the Indian Penal Code.
The informant alleged that she had gone to Chakia market where the petitioners who happenes to be the relatives from the side of her parents came across and they asked her to
Patna High Court Cr.Misc. No.34549 of 2016 (3) dt.21-10-2016 2/3 transfer the land in the name of Arshad Ali and also to withdraw the partition suit pending in the court. On such the informant made hue and cry and abused the petitioners. The informant further alleged that while she was returning from the market the accused persons surrounded him and forcibly took her thumb impression on a plain paper and assaulted her with fist and slaps. Learned counsel for the petitioners submits that the informant is the resident of Madhuban Police Station and she conveniently reached from the place of occurrence to Chakia Police Station. The injuries are abrasions, bruise and complain of pain. Some altercation took place due to land dispute and that is why the informant lodged the case making exaggerated version of assault. Title suit is still pending between the parties. Learned counsel for the informant as well as learned A.P.P. however, vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners assaulted the informant.
Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners above-named, 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 enlarged on bail on furnishing bail
Patna High Court Cr.Misc. No.34549 of 2016 (3) dt.21-10-2016 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 13, (East Champaran) Motihari in connection with Chakia P.S. Case No. 184/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T