Md Tahir Alias Md Tahir Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9841 of 2022 Arising Out of PS. Case No.-879 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

MD TAHIR ALIAS MD TAHIR NADAF Son of Md. Wazid Resident of Village - Bhagwatipur, P.s.- Pandaul, Distt.- Madhubani. 2.

Md. Dilshad Son of Md. Tahir @ Md. Tahir Nadaf Resident of Village - Bhagwatipur, P.s.- Pandaul, Distt.- Madhubani. 3.

Md. Riyaz Son of Md. Taiyab Resident of Village - Bhagwatipur, P.s.- Pandaul, Distt.- Madhubani.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with C.R. Case No. 879 of 2018, registered for the offences punishable under Sections 149, 323, 354 (B), 384, 307, 379 of the Indian Penal Code and 3/4 of the Prevention of Witch Craft Act. As per allegation, the accused persons made allegation on the complainant that she has inflicted some supernatural elements on the family members of the petitioners. They abused her and outraged

Patna High Court CR. MISC. No.9841 of 2022(2) dt.09-09-2022 2/2 her modesty and they also assaulted her husband by fists and slaps and dragged him by wrapping gamacha around his neck. Learned counsel for the petitioners has submitted that entire allegation is false. As a matter of fact, there is previous enmity between the parties regarding some pathway. There is case and counter case and the petitioners are the persons of clean antecedents. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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 learned Chief Judicial Magistrate, Madhubani in connection with C.R. Case No. 879 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T