Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76963 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== JAMIL AKHTAR, Son of Hanif Miya Resident of Dhuniya Toli, Basahiya Shekh, P.S.- Piprahi, Distt - Sheohar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Piprahi P.S. Case no. 113 of 2019, registered under Sections 323, 308, 341, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 03.07.2019, informant Rumana Khatoon was alone at her house, at that time, with bad intention, Jamil Akhtar (petitioner) entered in her house and tried to press her mouth, when she raised alarm then her mother Samira Khatoon, sister Mehnaz, brother Ujale and daughter Nikhat reached there and made protest, making query to the petitioner that why he had come in the house with bad intention, then petitioner gave iron rod blow at the head of Samira Khatoon, mother of the informant. Thereafter, other

Patna High Court CR. MISC. No.76963 of 2019(2) dt.27-11-2019 2/2 accused named in the F.I.R. and relative of the petitioner reached there and started to cause assault through piece of bamboo. At that time, Gulshan Khatoon and Nashima Khatoon broken the locks of the box and took Rs. 15,000/- and ornaments.

Learned counsel for the petitioner submits that, in fact, the occurrence of Marpit took place due to some petty in which petitioner's side also sustained injury regarding which Piprahi P.S. Case No. 114 of 2019 was also instituted on the basis of fardbeyan of Rukhshana Khatoon, wife of petitioner. Moreover, the injury on the person of mother of the informant, which is attributed against the petitioner, is simple in nature. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Sheohar in connection with Piprahi P.S. Case No. 113 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T