Tajmul Hussain @ Tajmul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62288 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Tajmul Hussain @ Tajmul, Son of Jiyaul R/o Panchahi Tola Bhalwahi, P.S.- Madhepur, District- Madhubani.

2.

Md. Sikandar @ Sikandar Son of Jiyaul R/o Panchahi Tola Bhalwahi, P.S.- Madhepur, District- Madhubani.

3.

Md. Sahjad @ Sahda Son of Md. Abid @ Jawed R/o Panchahi Tola Bhalwahi, P.S.- Madhepur, District- Madhubani. 4.

Moti @ Md. Moti Son of Jiyaul R/o Panchahi Tola Bhalwahi, P.S.- Madhepur, District- Madhubani.

5.

Md. Jamshed Ali @ Jamshed Son of Abid Hussain R/o Panchahi Tola Bhalwahi, P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Madhepur P.S. Case no. 101 of 2019, registered under Sections 341, 323, 379, 354(B), 307, 324, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 05.07.2019 at about 2.00 P.M. the informant and his wife was at the hand pump, at that time, on the order of Khurshid, Gulsher gave Farsa blow at the head of informant then he fell down. Thereafter, Khurshid Alam, Gulsher and nine others, including the petitioners,

Patna High Court CR. MISC. No.62288 of 2019(2) dt.21-10-2019 2/2 started to cause assault to the family members of the informant. At that time, Gulsher unfolded the clothes of his wife and snatched gold chain from the neck of wife of informant. Learned counsel for the petitioners submits that occurrence of Marpit took place due to land dispute in which petitioners side also sustained injuries regarding which Madhepur P.S. Case No. 102 of 2019 was instituted on the basis of fardbeyan of Gulchaman Khatoon, wife of co-accused Gulsher. Moreover, one grievous injury found on the person of informant, which is attributed against co-accused Gulsher. The petitioners have no criminal antecedents.

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 J.M. 1st Class, Jhanjharpur in connection with Madhepur P.S. Case No. 101 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