Patna High Court - Orders
Md. Ismail @ Ismail & Ors vs The State Of Bihar on 6 September, 2016
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15684 of 2016
Arising Out of PS.Case No. -343 Year- 2015 Thana -JOKIHAT District- ARRARIA
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1. MD. ISMAIL @ ISMAIL S/o Md. Zakiruddin
2. Md. Ijrail S/o Md.Zakiruddin
3. Md. Israfil S/o Md. Zakiruddin
4. Md. Mosabbir S/o Md. Ashab
5. Md. Sajid S/o Md. Ashab
6. Md. Ashab S/o Late Kabir
7. Md. Mustaque S/o Late Kabir
8. Md. Farooque S/o Late Kabir
9. Md. Zainuddin @ Zianuddin S/o Late Siddique
10. Md. Shubhan S/o Mustaque.
All Resident of Village-Choukta Tola Isarwa, P.S.-Mahalgon (Jokihat),
District-Araria.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh
Mr. Kundan Kumar Singh
for the informant : Ms. Shashi Priya Pathak
For the Opposite Party/s : Mr. P.K.Jha(App)
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
3 06-09-2016Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/323/324/504/420/34 of the Indian Penal Code.
Earlier the Informant/opposite party, has also appeared through Vakalatnama.
On 03.05.2016, the present matter was referred to the Patna High Court Mediation Centre with the consent of both the parties. Patna High Court Cr.Misc. No.15684 of 2016 (3) dt.06-09-2016
P2/3 However, mediation has now failed. As per the mediation report dated 02.09.2016, it appears that no case is made out against the petitioners Md. Mustaque and Md. Mosabbir under the relevant sections i.e., 341/323/324/504/420/34 of the Indian Penal Code. Further, they have no connection with the disputed land. The allegation of assault is not against these petitioners and they are also not having any criminal antecedent. Further, the transactions were also not made by the present petitioners and that the dispute is with regard to sale and purchase of land.
It is submitted by learned counsel for the opposite party No. 2, that the present dispute can be determined only by a Court of competent jurisdiction and these petitioners have not executed the sale-deed.
In view of the fact that the mediation has now failed and that there appears to be a bonafide land dispute between the parties, let the petitioners abovenamed in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Jokihat (Mahalgaon) P.S. Case No. 343/15, subject to the conditions as Patna High Court Cr.Misc. No.15684 of 2016 (3) dt.06-09-2016 P3/3 laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/-
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