Patna High Court - Orders
Md. Ibrahim @ Ibrahim vs The State Of Bihar on 16 November, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57773 of 2019
Arising Out of PS. Case No.-363 Year-2018 Thana- FORBESGANJ District- Araria
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1. MD. IBRAHIM @ IBRAHIM Son of Md. Turai Resident of Village -
Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.
2. Md. Izrayeel Son of Md. Turai Resident of Village - Rampur Dakshin, Ward
No. 02, P.S.- Forbesganj, District - Araria.
3. Md. Israfil @ Israfil Son of Md. Turai Resident of Village - Rampur
Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.
4. Md. Dilshad @ Dilshad @ Delshad Son of Ibrahim @ Md. Ibrahim Resident
of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District -
Araria.
5. Ayeesha Khatoon Wife of Md. Ibrahim Resident of Village - Rampur
Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.
6. Ajmeri Khatoon Wife of Md. Izrayeel Resident of Village - Rampur
Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.
7. Bibi Musia Khatoon Wife of Md. Israfil Resident of Village - Rampur
Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Anil Prasad Singh
For the Opposite Party/s : Mr.Bhanu Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
3 16-11-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered under Sections 147, 341, 323, 307, 354B, 504 and 506 of the Indian Penal Code.
Petitioners Md. Ibrahim, Md. Izrayeel and Md. Patna High Court CR. MISC. No.57773 of 2019(3) dt.16-11-2019 2/3 Israfil were constructing house in front of the house of the informant and on protest made by his wife, they shoved her on the ground and assaulted her by means of leg and fist. Md. Ibrahim disrobed and teased her and trampled her stomach. Md. Ibrahim also assaulted on the head and leg of the informant by means of dabiya while Md. Izrayeel assaulted his wife by means of dabiya and other accused persons also assaulted both of them.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Md. Izrayeel has lodged Forbesganj P.S. Case No. 362 of 2018 against the informant and others preceding to the case under hand and in order to save skin from the said case informant has lodged this false and frivolous case against the petitioners. As per the prosecution case, petitioner Md. Ibrahim assaulted the informant by means of dabiya and petitioner Md. Izrayeel assaulted his wife by means of dabiya, but the wife of the informant namely Rukhsar Khatoon in her statement recorded under Section 161 Cr.P.C. has stated that all the accused persons assaulted them. Thus aforesaid statement of the victim appears to be in quite contradiction to the prosecution case. Moreover as per the aforesaid statement of the said victim, Patna High Court CR. MISC. No.57773 of 2019(3) dt.16-11-2019 3/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Doctor has found only one injury on the head of Rukhsar Khatoon which is simple in nature caused by hard and blunt substance and not by sharp cutting weapon and only one incised wound on the person of the informant which is also simple in nature. Petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, 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. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 363 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/-
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