Md. Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64002 of 2019 Arising Out of PS. Case No.-95 Year-2016 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

Md. Islam Son of Md. Ramjani Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

2.

Md. Kasim Son of Md. Islam Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

3.

Md. Hazir Son of Md. Hanif Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

4.

Madina Khatoon Wife of Md. Islam Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

5.

Shakila Khatoon Daughter of Md. Islam Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

6.

Halima Khatoon @ Chanan Bali Wife of Md. Jabbar Resident of VillageSaharghat, P.S.- Saharghat, District- Madhubani. 7.

Md. Jahangir Son of Md. Manir Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

8.

Md. Laddu Darji Son of Md. Idrish Darji Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Saharghat P.S. Case No. 95 of 2016, registered under Section 307 and other allied Sections of the Indian Penal Code. The accusation is that 12 persons named in the F.I.R.

Patna High Court CR. MISC. No.64002 of 2019(2) dt.18-10-2019 2/3 including the petitioners came at the door of the informant, Rafique Praveen. At that time, Md. Islam (petitioner no.1) tried to administer stool to his wife then she raised alarm then Md. Majim and Masira Khatoon caused injury to his wife and also damaged the household articles of his house.

Learned counsel for the petitioners submits that, in fact, occurrence took place due to some dispute, in which, petitioners' side also sustained injury, regarding which, Saharghat P.S. Case No. 96 of 2016 is also instituted on the basis of written report of Halima Khatoon (petitioner no.6) but with ulterior motive the present case has been lodged with false allegation. The petitioners have no criminal antecedent.

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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Benipatti, Madhubani, in connection with Saharghat P.S. Case No. 95 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T

Patna High Court CR. MISC. No.64002 of 2019(2) dt.18-10-2019 3/3