Md. Safiruddin @ Safir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64032 of 2018 Arising Out of PS. Case No.-324 Year-2017 Thana- JOKIHAT District- Araria ======================================================

1. Md. Safiruddin @ Safir, S/o Late Moharram Nadaf,

2. Rezani Nadaf, S/o Fateh Mohammad Nadaf,

3. Bibi Manzari @ Manzari Khatoon, W/o Md. Nasim Nadaf @ Nasim,

4. Bibi Sabina @ Sabina Khatoon, D/o Md. Nasim Nadaf, All are resident of Village- Chilhania, P.S.- Mahalgaon (Jokihat), District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Learned counsel for the petitioners is permitted to make necessary correction in the address of the petitioners during the course of the day.

Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 324 of 2017 dated 14.10.2017 instituted for the offences under Sections 341, 448, 323, 324, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

The petitioners are alleged to have entered the house of the informant and assaulted him and other members of the family. An attempt was made to outrage the modesty of female members of the house as well. Learned counsel appearing for the petitioners has submitted that the present case is counter blast to Jokihat

Patna High Court Cr.Misc. No.64032 of 2018(2) dt.13-12-2018 2/2 (Mahalgaon) P.S. Case No. 323 of 2017 lodged by petitioner no. 3 against the father-in-law of the informant and others. Learned counsel for the petitioners has further submitted that in fact on 07.10.2017, a dispute arose because of the informant having blockaded a road which was used by the petitioners. On protest, a scuffle took place in which both sides fought with each other.

The petitioners are persons of clean antecedents and the injuries received by the informant and others in the occurrence is stated to be simple in nature.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 324 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T