Shahbaz Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28297 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Shahbaz Alam,

2. Imteyaz Alam, Both son of Mumtaz Idrisi,

3. Mumtaz Idrisi @ Mumtaz Idishi, son of Late Sahmud Khalifa,

4. Raju @ Md. Raju, son of Manauwar, All resident of Village- Gamharia, Police Station- Akodhi Gola, District- Rohtas (Sasaram). .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ram Pravesh Nath Tiwari, Advocate. For the Opposite Party : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bhagwanpur P.S. Case No. 18 of 2017 for the offences instituted under Sections 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the informant fixed marriage of his daughter Murshida Khatoon with petitioner no. 1 and engagement took place. Petitioner no. 3 took Rs. 80,000/- from the informant for the purpose of marriage. After some time, the petitioner no. 3 demanded a motorcycle and gold necklace which was protested by the informant. Upon which, the petitioners and others abused, assaulted and ousted them from their house. Thereafter, a panchayati was held but since no solution came out

Patna High Court Cr.Misc. No.28297 of 2017 (2) dt.07-07-2017 2/2 of it, therefore, the present case has been instituted by the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The allegation made in the F.I.R. is denied by the petitioners. The informant wanted his daughter to make marriage to the son of the petitioner no. 3, Mumtaz Idrisi @ Mumtaz Idishi. The same was not accepted by the family of the petitioners. The present case has been instituted only to put pressure upon the accused persons. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Bhagwanpur P.S. Case No. 18/2017 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 A.C.J.M.-V, Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T