Okil Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56674 of 2015 Arising Out of PS.Case No. -110 Year- 2013 Thana -BABUBARHI District- MADHUBANI ====================================================== Okil Mian Son of late Gul Monamad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Bilash Roy Raman, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 120B of the Indian Penal Code and 3(1) (x) SC/ST (Prevention of Atrocities) Act.

It is alleged that the accused persons came to the courtyard of the house of the informant, snatched the mobile of the son of the informant and thereafter abusing by calling caste name. It is alleged that petitioner snatched silver locket from the neck of the informant. Co-accused Habib Mian snatched the golden nosepin of the informant and when the daughters of the informant came to save her son they were assaulted by the accused persons including the petitioner.

Patna High Court Cr.Misc. No.56674 of 2015 (2) dt.15-12-2015 2/2 It is submitted by learned counsel for the petitioner that on conclusion of investigation charge-sheet was submitted under Sections 341, 323, 504, 120B/34 of the Indian Penal Code and 3(1) (x) of SC/ST (Prevention of Atrocities) Act. The occurrence took place for dispute with regard to fishing right. Since admittedly the occurrence took place at the house of informant it cannot be treated to be a place of public view. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Babu Barhi P.S. Case No. 110 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T