Md. Tabjil @ Md. Tabdil @ Md. Tabjil Ahmad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36397 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================
1. MD. TABJIL @ MD. TABDIL @ MD. TABJIL AHMAD S/o Md. Akil
2. Rabiya Khatoon W/o Md. Akil Both of resident of Village - Kasaiyapatti, P.S. Bajpatti, District - Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-08-2017 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and Mr. Dayal, learned Additional P.P. for the State. The petitioners apprehend their arrest in Bajpatti P.S. Case No. 105/2017, registered under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code.
Petitioner no. 1 is son of petitioner no. 2. The informant is own aunt of petitioner no. 1. The allegation is that while the informant was sitting with her husband, both mother and son came and a scuffle broke out. The informant was dragged by petitioner no. 1 and also fisted and assaulted. Further allegation is of committing theft of her belongings.
Learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.36397 of 2017 (2) dt.10-08-2017 2/2 owing to family dispute, the occurrence has taken place. It was just a scuffle, which has been given a different shape. Considering the submission, it is directed that both the petitioners in the event of their arrest or surrender before the court below within a period of five weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail 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 Sub Divisional Judicial Magistrate, Pupari, Sitamarhi in connection with Bajpatti P.S. Case No. 105/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (i) one of the bailors in each case shall be own close family member (ii) during the subsistence of the privilege, if the petitioners involved themselves in a serious criminal case, same shall be construed as breach of the condition of bail, entailing cancellation of the bail bonds. (Kishore Kumar Mandal, J.)