Md. Aijal And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47034 of 2017 Arising Out of PS.Case No. -139 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================
1. Md. Aijal, son of Md. Uddan,
2. Bibi Kanija Khatoon, wife of Md. Aijal,
3. Samina Khatoon, Wife of Md. Mukhtar,
4. Gulshan Khatoon, wife of Amiuddin,
5. Ainulia, Wife of Md. Majloom, All are residents of villageShabeedganj, P.S. Bhawanipur, District-Purnea. .... .... Petitioners
Versus
1. The State of Bihar,
2. Begam Khatoon, wife of Md. Jibrail, Resident of village-Shaheedganj, P.S. Bhawanipur, District-Purnea.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhawanipur P.S. Case no. 139 of 2017, registered under Sections 452, 341, 323, 354(B)/34 of the Indian Penal Code. The accusation is that on 04.06.2017 at about 5.30 P.M. while informant was sleeping in her house, in the meantime, petitioner no.1 Md. Aijal entered in her house and started to outrage her modesty and torn her blouse and sari. On raising alarm, her other family member came and petitioner No.2 to 5 started assaulting by means of fists and slaps while she was pregnant.
Learned counsel for the petitioners submits that, in fact,
Patna High Court Cr.Misc. No.47034 of 2017 (2) dt.22-09-2017 2/2 petitioners and informant are next door neighbours and due to some quarrel, the present case has been lodged with false allegation against petitioner No.1 to outraging her modesty and causing assault by petitioners.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Purnea in connection with Bhawanipur P.S. Case No. 139 of 2017, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T