Md. Kamruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2662 of 2024 Arising Out of PS. Case No.-333 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

MD. KAMRUDDIN SON OF LATE WAHID NADAF @ VAHID MIYAN RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PSDALSINGSARAI DISTRICT- SAMASTIPUR. 2.

MD. FOOL BABU @ MD. FULBABU SON OF MD. KAMRUDDIN RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PSDALSINGSARAI DISTRICT- SAMASTIPUR. 3.

MD. NAUSHAD SON OF MD. KAMRUDDIN RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PS- DALSINGSARAI DISTRICTSAMASTIPUR. 4.

MD. SHAMSHAD SON OF MD. RAHMAT RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PS- DALSINGSARAI DISTRICTSAMASTIPUR. 5.

LAL MOHAMMAD SON OF MD. KAMRUDDIN RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PS- DALSINGSARAI DISTRICTSAMASTIPUR. 6.

MD. ASFAQ @ MD. ASFAK SON OF MD FUL MOHAMMAD @ MD. FUL BABU RESIDENT OF WARD NO.- 4 VILLAGE- KAMRAWN PSDALSINGSARAI DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SABILA KHATOON W/O- NOOR MOHAMMAD R/O-WARD NUMBER 4 VILLAGE- KAMRAWN, P.S.- DALSINGSARAI, DISTRICTSAMATIPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.2662 of 2024(2) dt.09-02-2024 2/3 for the offence punishable u/s 341, 448, 323, 354, 379, 380, 504 and 34 of the IPC.

3.

Allegedly, the F.I.R. named accused persons including the petitioners are said to have abused the informant and assaulted the informant and her son by hand and fist. It is further alleged that the accused persons disrobed the informant and took away her belongings.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged, has ever taken place. It is submitted that the parties are agnates and there is admitted land dispute between them. There is general and omnibus allegation against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since parties are agnates and there is prior land dispute between them, let the above named petitioners, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.2662 of 2024(2) dt.09-02-2024 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dalsinghsarai P.S. Case No.333 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T