Abdul Kayaum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10748 of 2022 Arising Out of PS. Case No.-196 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

ABDUL KAYAUM Son of Natuni Hajam Resident of Malpatti, P.S.- Kamtaul, District- Darbhanga.

2.

Abdul Kalam Son of Natuni Hajam Resident of Malpatti, P.S.- Kamtaul, District- Darbhanga.

3.

Abdul Salam Son of Natuni Hajam Resident of Malpatti, P.S.- Kamtaul, District- Darbhanga.

4.

Md. Irsad @ Irsad Son of Abdul Kayaum Resident of Malpatti, P.S.- Kamtaul, District- Darbhanga.

5.

Md. Dilsad @ Dilsad Son of Abdul Kayaum Resident of Malpatti, P.S.- Kamtaul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 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 Kamtaul P.S. Case No. 196 of 2020, registered for the offences punishable under Sections, 341, 323, 324, 308, 379, 354(B), 504, 506, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.10748 of 2022(2) dt.13-09-2022 2/3 As per allegation, the accused persons were making hindrance in right to way of the informant and other persons of locality who were suffering from the calamity of flood. As per allegation, the accused persons assaulted the son and nephew of the informant on their head and also outraged the modesty of the informant.

Learned counsel for the petitioner has submitted that the petitioners are the persons of clean antecedent and the injuries suffered are simple in nature.

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 Sri Sudhir Kumar Paswan J.M. 1st Class, Darbhanga in connection with Kamtaul P.S. Case No. 196 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The petitioners shall present physically in the court below on each and every day till framing of the charge. If it comes to the notice of the court below that the petitioners are indulged in similar type of occurrence, the

Patna High Court CR. MISC. No.10748 of 2022(2) dt.13-09-2022 3/3 learned court below shall be at liberty to cancel their bail. 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/- kundan U T