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Patna High CourtCR. MISC./46828/2017bail granted

Rustam Mian @ Rustam Ali And ORS v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46828 of 2017 Arising Out of PS.Case No. -249 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rustam Mian @ Rustam Ali, Son of Late Ishlam Mian.

2. Raja Mian alias Raja Hussain, Son of Late Bakhashish Mian.

3. Hafiz Mian, Son of Bakhashish Mian.

4. Muslim Mian, Son of Late Ishlam Mian.

5. Jahir Mia, Son of Late Ishlam Mian.

6. Tabrej Mian, Son of Hafiz Mian,

7. Mazid Mian, Son of late Bakhashish Mian, All are residents of Village Bangari, P.S.- Gorasahan, District- East Champaran .... Petitioners

Versus

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

For the Petitioners : Mr. Karandeep Kumar, Adv. For the Opposite Party : Mr. Nirmal Kumar Sinha, APP 199 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioners apprehend their arrest in Ghorasahan P.S. Case No. 249 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 379, 307, 354B, 504 and 506 of the Indian Penal Code.

The informant alleged that while she was constructing her house, petitioners, with their family members, came and began to assault the informant and her minor child. The learned counsel for the petitioners submits that from the side of the petitioners Ghorasahan P.S. Case No. 248 of 2017 was registered prior to institution of the present case. From the side of the petitioner also many persons sustained injury. There is no specific allegation of assault against the petitioners. The informant got one injury on head as well as some abrasions, but, all the injuries are simple in nature. It appears that both sides

Patna High Court Cr.Misc. No.46828 of 2017 (2) dt.09-11-2017 2/2 entered into mutual assault.

Considering the facts, aforesaid, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 249 of 2017 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √