Md. Murtaza @ Md. Murtuza And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35291 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- BHAIRABASHTHAN DistrictMadhubani ======================================================

1. Md. Murtaza @ Md. Murtuza son of Md. Niyamat.

2. Md. Abadul Rahman @ Abdul Rahman, son of Md. Sakhawat. Both are residents of Village- Navtol, P.S.- Bhairav Asthan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant.

The petitioners, who are in custody, seek bail in connection with Bhairav Asthan P.S. Case No. 22 of 2018 registered for the offence punishable under Sections 341, 323, 448, 354(B), 379, 504, 506, 34 of the Indian Penal Code. Informant in her written complaint has stated that on 09.03.2018 at about 10.30 AM when all the male members of her house had gone outside to earn their livelihood then petitioner Nos. 1 and 2 entered into her house and tried to commit rape upon her but on alarm being raised by her other family members reached and save her. It has been further alleged that petitioners snatched Mangalsutra of the informant

Patna High Court Cr.Misc. No.35291 of 2018(5) dt.18-08-2018 2/2 and also threatened of dire consequence.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. It has been further submitted that for the same incident a case has been registered by the father of petitioner No. 2 against the family members of informant and counter case has been lodged subsequent to said case. There is no injury report on behalf of either of the parties. It has been further submitted that petitioner is in custody since 10.03.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Jhanjharpur, District- Madhubani, in connection with Bhairav Asthan P.S. Case No. 22 of 2018. (S. Kumar, J) veena/- U T