Md. Shabbir @ Shabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64478 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- TARABARI District- Araria ======================================================

1. Md. Shabbir @ Shabbir, son of Late Jainuddi @ Late Shaikh Jainuddin.

2. Salma, wife of Shabbir @ Md. Shabbir.

3. Afsana, daughter of Shabbir @ Md. Shabbir. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tarabari P.S. Case No. 83 of 2018, registered under Section 341, 323, 324, 325, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the evening of 20.06.2019, due to land dispute, petitioners having knife and lathi in their hands came at the door of the informant, Abdul Bahab, and started to assault. At that time, Md. Shabbir (petitioner no.1) caused injury at the left hand of informant through knife. Thereafter, Salma (petitioner no.2) and Afsana (petitioner no.3) started to assault him through fist and slaps. When Jamherun,

Patna High Court CR. MISC. No.64478 of 2019(2) dt.24-10-2019 2/2 daughter-in-law of the informant, reached to save him then she was also assaulted and her silver chain was also snatched by the petitioners.

Learned counsel for the petitioners submits that due to land dispute occurrence took place, in which, informant and his daughter-in-law sustained simple injury, which would appear from annexure 2 to the petition but with ulterior motive the present case has been lodged with false allegation. Further submission is that 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., Araria, in connection with Tarabari P.S. Case No. 83 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T