Aslam Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42619 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================
1. Aslam Sah
2. Akil Sah @ Wakil Sah
3. Akhtar Sah @ Aktar Sah
4. Rizwan Sah All sons of Late Nazzo Sah
5. Masul Sah @ Musal Sah S/o Gandhi Sah
6. Bibi Zinat W/o Aslam Sah
7. Bibi Zamuni W/o Akil Sah @ Wakil Sah
8. Bibi Rubi W/o Akhtar Sah @ Akhtar Sah
9. Bibi Sanhaz W/o Rizwan Sah
10. Bibi Husna W/o Masul Sah @ Musal Sah
11. Bibi Sairun W/o Late Nazoo Sah All Resident of Village Amdand, Police Station Sabour, District Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2015 Heard both sides.
The petitioners, 11 in number, apprehend their arrest in a case under Sections 341, 448, 149, 307, 326 and 327 of the Indian Penal Code.
The informant filed a Complaint Case bearing no. 1321/2014 on 28.06.2014, on the basis of which, the present F.I.R. was lodged. The informant alleged that on the order of Aslam Sah (petitioner no. 1), the other accused persons assaulted his wife and mother-in-law. It is submitted that there is a counter-version. The
Patna High Court Cr.Misc. No.42619 of 2015 (3) dt.03-12-2015 2/2 occurrence took place on 17.06.2014 but the complaint petition was filed after more than ten days of the occurrence. No injury was found on the person of the wife of the informant or his mother-in-law. Most. Khalina Khatoon was treated in the Primary Health Centre and she complained of pain though there was no visible injury on her person.
Considering the fact that on account of land dispute the occurrence took place and the complaint petition was filed after more than ten days of the occurrence, the above named petitioners, 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 this order, are directed to be 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 Md. Salim, Judicial Magistrate, 1st Class, Bhagalpur in Sabour P.S. Case No. 79/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T