Patna High CourtCR. MISC./61320/2019bail granted

Shahbaz @ Md. Shahbaz v. The State Of Bihar

2019-10-01Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61320 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Shahbaz @ Md. Shahbaz, Son of Md. Qumaruddin @ Qumarruddin Resident of Village- Momin Tola, P.S.- Pakribarawan, District- Nawada. 2.

Md. Saddam Son of Md. Qumarruddin @ Qumarruddin Resident of VillageMomin Tola, P.S.- Pakribarawan, District- Nawada. 3.

Abujar Hafiz Son of Md. Qumaruddin @ Qumaruddin Resident of VillageMomin Tola, P.S.- Pakribarawan, District- Nawada. 4.

Khalid @ Bablu @ Md. Khalid Son of Md. Qumaruddin @ Qumaruddin Resident of Village- Momin Tola, P.S.- Pakribarawan, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pakribarawan P.S. Case no. 112 of 2019, registered under Sections 341, 323, 308, 354 and 379/34 of the Indian Penal Code.

The accusation is that at about 10.00 P.M. on 14.03.2019, daughter of the informant Afrin moved from house towards bathroom. At that time, her brother-in-law Shahbaz (petitioner No.1) assaulted Afrin through fist and slaps causing

Patna High Court CR. MISC. No.61320 of 2019(2) dt.01-10-2019 2/3 injury near her ear, dashed her and pressed her neck, when informant made protest then Shahbaz (petitioner No.1), Md. Saddam (petitioner No.2), Abujar Hafiz (petitioner No.3) and Khalid @ Bablu @ Md. Khalid (petitioner No.4) along with Arfan Praveen came and started to abuse. On the order of petitioner No.1 Shahbaz, petitioner No.2 Md. Saddam gave lathi blow, but she caught hold in her hand. Thereafter, Khalid (Petitioner No.4) gave wooden log blow at her head causing swelling injury. Thereafter, Arfa Praveen, Khalid and Nargish with intention to kill started to press her neck holding Dupatta at her neck, her sister-in-law Farjan also caused injury at her chest through brick. On raising alarm, when villagers rushed then they moved from there. At that time, Abjur (Petitioner No.3) snatched her gold ring, whereas, Farjan snatched her gold earring.

Learned counsel for the petitioners submits that scuffle took place due to family dispute in which informant and her daughter sustained slight injuries, which are simple in nature, but with ulterior motive, the informant lodged the present case. 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

Patna High Court CR. MISC. No.61320 of 2019(2) dt.01-10-2019 3/3 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) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Pakribarwan P.S. Case No. 112 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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