Md. Mojibul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66597 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Md. Mojibul, Sex-M, Age about 35 years, Son of Mosalim . 2.

Ashgari Khatoon, Sex-F, Age about 27 years, Wife of Md. Isarafil @ Isarafil 3.

Md. Isarafil @ Isarafil Sex-M, Age about 35 years, Son of Mosalim All resident of Village-Ratauli, Chatara tol, P.S.-Saharghat, District Madhubani.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Sakina Khatoon Sex-F, Age about 45 years W/o Md. Hakim Resident of village -Ratauli (Minti), P.S. Saharghat, District -Madhubani. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with C.R. Case No. 52 of 2019 registered under Sections 147, 148, 149, 323, 379, 380, 354B, 447, 504 and 506 of the Indian Penal Code and Section 3/4 of the Daiyan Act.

The accusation is that in the morning of 15.01.2019, eight persons named in the complaint including the petitioners came to the door of the complainant, Sakina Khatoon (opposite party no. 2), started abusing and humiliating her due to the fact that by showing witchcraft acts by the complainant, sons of the family of the

Patna High Court CR. MISC. No.66597 of 2019(2) dt.07-11-2019 2/2 petitioners became ill. At that time, Md. Mojibul (petitioner no.1) started abusing and thereafter they started catching her hair and threw her on the ground with bad intention. At that time Md. Chhotu and Khushbuda Khatoon tried to administer her stool but in the meantime, when her husband came there to save her, he was also assaulted. At that time Md. Isarafil @ Isarafil (petitioner no. 3) took out Rs. 5000/- from pocket of her husband. Thereafter all the accused persons took away Rs. 20,000/- kept in the box and ornaments.

Submission is that the petitioners and the complainant are next door neighbour and due to some quarrel between them, the complainant has filed the present complaint with general and omnibus allegations Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipatti (Madhubani) in connection with C.R. Case No. 52 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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