Isharul Haque @ Ijharul Haque @ Daroga Khan v. The State Of Bihar
Patna High Court Cr.Misc. No.50589 of 2015 (6) dt.05-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50589 of 2015 Arising Out of PS.Case No. -210 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Isharul Haque @ Ijharul Haque @ Daroga Khan Son of Late Abdul Majid Khan resident of village - Tarwa, P.S.Muffasil, District - Siwan. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Srivastave Mr. Vijay Tiwary For the Opposite Party/s : Mr. Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Siwan (Muffasil) P.S. Case No. 210 of 2015 registered for the offences punishable under Sections 341, 323, 504, 353, 506 and 307 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is case and counter case between the parties. It is further submitted that the Siwan P.S. Case No. 261 of 2015 was initially registered but thereafter, I.O. of the said case registered another case bearing Siwan (T) P.S. Case No. 201 of 2015 relating to the same occurrence. It is further submitted that except the aforesaid case, a complaint case no. 1322 of 2012 was earlier lodged by the same informant. It is further submitted that there was previous enmity
Patna High Court Cr.Misc. No.50589 of 2015 (6) dt.05-05-2016 between the parties and that the entire allegation is motivated and has been made only to mar the prospects of the petitioners at the ensuing election in which he is a candidate from Siwan constituency. There is admittedly land dispute between the parties for a long period.
Considering the entire facts and circumstances of the case and also the fact that the injuries were sustained by both the sides, the injury on the side of the petitioner's son being grievous in nature and also that as alleged, there were no repetition of blows so as to attract the provisions of Section 307 of the Indian Penal Code, let the petitioner above named, in the event of his 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, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Siwan (Muffassil) P.S. Case No. 210 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T