IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31276 of 2008 NAIMUDDIN & ANR Versus STATE OF BIHAR ----------- 2. 5/8/2008 Heard Mr. M. Nasrul Huda Khan, for the petitioners and Mr. Naibhay Kr. Singh, learned A.P.P. for the State. Petitioners have been made accused in a case under Sections 447, 341, 323, 504, 354, 379 and 307/34 of the Indian Penal Code. The allegation as per the First Information Report is that the petitioners along with other co-accused persons entered into the house of the informant, and assaulted son and wife of the informant, inflicting injury and also tried to outrage her modesty. There has been allegation upon the petitioner No. 1 that he assaulted son of the informant whereas petitioner no. 2 assaulted wife of the petitioner by knife. Learned counsel for the petitioners submits that both the parties are co-villagers. The informant and his family members were the labourers of the petitioners. When the petitioners caught them red handed committing theft of paddy crops, then they have resorted to filing of this case. He further submits that if according to the allegations so many persons had assembled with the intention to kill, the injury should have been of more serious nature and could have caused even death also. Therefore, submission is that there was no intention to kill. He further points out that though the injuries sustained by two - 2 - persons are of course sharp cut injuries, but only of about 2.5 x 0.5 x 0.5 c.m. and 3 x 0.5 x 0.5 c.m, which according to him, are merely superficial sharp cutting injuries. He further submits that only one sharp cutting injury each has been found over the forehead of both the persons as per Annexure-2 which is injury report annexed by him. He states that there is no repetition of assault. Learned counsel for the State submits that apart from causing injury, petitioners have also tried to outrage her modesty. In the facts and circumstances of the case, I direct that the petitioners namely, Naimuddin and Sk. Mahimuddin to be released 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 Chief Judicial Magistrate, Katihar, in connection with Kadwa (Balia Belon) P.S. Case No. 83 of 2007. S.Ali (Dr. Ravi Ranjan, J.)