Noorjahan Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50003 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. Noorjahan Khatoon W/o Shamshad Ansari.

2. Nasima Khatoon, W/o Shoib Ansari.

3. Shoib Ansari @ Soyab Ansari, S/o Late Rahman Ansari.

4. Shamshad Ansari, S/o Late Rahman Ansari.

5. Dildar Ansari, S/o Late Rahman Ansari.

6. Shakin Khatoon, W/o Shaimuddin Ansari.

7. Rizwana Khatoon, D/o Late Rahman Ansari.

8. Azhar Ansari, S/o Shaimuddin Ansari, All resident of VillageDamarwana, Ward no. 9, Motihari, P.S. Pakridayal, District- East Champaran, Motihari.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pakridayal P.S. Case no. 18 of 2018, registered under Sections 147, 148, 149, 323, 324, 307, 325, 504, 506 and 379 of the Indian Penal Code.

The accusation is that on 03.02.2018, Circle Officer along with Officer-in-Charge of Pakridayal gone in the village of informant for measurement of the land. After measurement, both officers fixed Khuta. Thereafter, F.I.R.

Patna High Court Cr.Misc. No.50003 of 2018(2) dt.20-09-2018 2/3 named accused persons reached there and tried to uproot the Khuta. When informant made protest, then he was assaulted by them. At that time, wife of informant, son Tahir Ansari and daughter Sakina Khatoon reached to save the informant then petitioner No.1 caused injury to Md. Tahir through iron rod and petitioner No.2 also caused injury through stick. The petitioner No.7 also caused injury to the wife of informant. At that time, petitioner No.6 snatched golden chain from the neck of the wife of the informant.

Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioner side also sustained injury regarding which on the basis of written report of petitioner No.1, Pakridayal P.S. Case No. 23 of 2018, under Sections 147, 148, 149, 341, 323, 448, 354, 504, 506, 379 and 307 of the I.P.C. was registered against the informant and others of the present case. Further submission is that the injuries as found on the person of informant are of simple in nature. 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

Patna High Court Cr.Misc. No.50003 of 2018(2) dt.20-09-2018 3/3 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, East Champaran in connection with Pakridayal P.S. Case No. 18 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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