Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82329 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- PIPRA District- Supaul ====================================================== 1.

MD. KASIM, aged about 35 years, Male, Son of Md. Suleman, Resident of Village - Rampur, P.S.- Pipra, Distt - Supaul 2.

Md. Suleman, aged about 55 years, Male, Son of late Mohammad Miyan, Resident of Village - Rampur, P.S.- Pipra, Distt - Supaul 3.

Md. Gafar, aged about 28 years, Male, Son of Md. Hasim, Resident of Village - Rampur, P.S.- Pipra, Distt - Supaul ... Petitioners

Versus

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

For the Petitioners :

Mr. Amar Nath Yadav, Adv.

For the State :

Mr. Satyendra Narayan Singh, APP For the Informant :

Mr. Md. Harun Quraishi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Pipra P.S. Case No. 178 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

The accusation is that Marun Khatoon, son-in-law of the informant, Md. Tasir, was in the field in the morning of 01.08.2019, at that time, nine persons, named in the first information report, including the petitioners, variously armed with weapons, reached at the field and started to cause assault to Mairun Khatoon. When, Md. Basir, Md. Rashid, Md. Wakil and Abul Kalam rushed to save Maruj Khatoon, they were also assaulted with sword. At that time, they also snatched the earring and chain from the neck of Marun Khatoon.

Patna High Court CR. MISC. No.82329 of 2019(2) dt.12-12-2019 2/2 Submission is that due to land dispute occurrence of marpeet took place in which petitioners' side also sustained injury, regarding which Pipra P.S. Case No. 180 of 2019 was instituted under Sections 147, 148, 149, 341, 323, 324, 354, 504 and 34 of the Indian Penal Code on the basis of the fardbeyan of Md. Gafar (petitioner no. 3). Further, submission is that the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Pipra P.S. Case No. 178 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Supaul, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T