IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31306 of 2008 MD.AINUL HAQUE @ AINUL HAQUE & ORS Versus STATE OF BIHAR ----------- 2 5.8.2008 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been made accused under Sections 147, 148, 149, 452 and 380 of the Indian Penal Code. The allegations as per the complaint is that the petitioners along with other co-accused persons entered into the house of the complainant and tried to force him to do pairvi in certain case when the complainant refused to oblige, the petitioner along with other co-accused persons forcibly entered into his Library threatening him with dire consequences. One co-accused person namely, Tafazul Haque, caught hold the neck of the complainant and the other accused persons took away several files and two books forcibly from the Library of the complainant. Learned counsel for the petitioners submits that the petitioners and the complainant are related to each other as has been stated in Paragraph-12 of this application. The complainant is Fufera Nati of the accused Fazal Haque and rest of the accused persons are also related to the complainant. Further submission of the learned counsel for the petitioners is that there has been false implication due to certain dispute in the family with regard to shares in the property. It has further been urged that there are omnibus allegations against the petitioners and other co-accused persons except Tafazul Haque who has allegedly caught hold the neck of the complainant. In Paragraph—13 petitioners have stated that the Police has arrested them on 13.6.2008 and since then they are in custody. Learned counsel for the State submits that no material has been produced by the petitioners to show about their false implication due to the land dispute. In the facts and circumstances of the case and in view of the submissions made on behalf of the petitioners, I direct the petitioners, namely, Md. Ainul Haque @ Ainul Haque, Md. Rafique @ Rafique ,Sadakash and Subail, to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Katihar in connection with Complaint Case No. 120 of 2006. P.K. (Dr. Ravi Ranjan,J.)