Md. Naushad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44804 of 2017 Arising Out of PS.Case No. -131 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Md. Naushad aged about 30 years, Son of Sarfuddin.

2. Anguri Khatoon, aged aged 25 years, Wife of Md. Naushad. Both are residents of Sultanganj, P.S. Sultanganj, District- Patna, at present village Chapaith, P.S. Garaul, District- Vaishali.

3. Sahana Khatoon, aged about 55 years, Wife of Tufail, resident of Village Chapaith, P.S. Garual, District- Vaishali.

1. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Nath, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Goraul P.S. Case No. 131 of 2017 instituted for the offence under Sections 341, 323, 324, 354, 379, 504 and 506/34 of the Indian Penal Code. It has been submitted that occurrence took place on account of land dispute. There is allegation in the written report that petitioner No. 1 caused injury to the informant in her hand with knife and when husband of the informant came to save him, then petitioner Nos. 2 and 3 assaulted the husband of the informant with iron rod.

Patna High Court Cr.Misc. No.44804 of 2017 (3) dt.03-10-2017 2/3 It is mentioned in the written report itself that informant's father-in-law has executed will in favour of the informant with regard to the land as mentioned in the written report for which the petitioners came and assaulted the informant. In this manner, the occurrence has taken place on account of land dispute. There is general and omnibus allegation against the petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Goraul P.S. Case No. 131 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hajipur, Vaishali, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if

Patna High Court Cr.Misc. No.44804 of 2017 (3) dt.03-10-2017 3/3 petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T