Quasim Nadaf And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7508 of 2015 Arising Out of PS.Case No. -32 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Quasim Nadaf Son of Jakir Nadaf
2. Safadul Nedaf Son of Khushi Nadaf
3. Hakim Nadaf @ Md. Hakim Nadaf Son of Kasim Nadaf
4. Md. Shamim Nadaf @ Shamim Nadaf Son of Kasim Nadaf
5. Moharram Nadaf Son of Tafajul Nadaf
6. Daud Nadaf Son of Tafajul Nadaf
7. Aazam Nadaf Son of Tafajul Nadaf
8. Mazahir Nadaf Son of Safaidul Nadaf
9. Mazlum Nadaf Son of Safaidul Nadaf All residents of Village - Pharhi Kundilpur, Ward No. 5, P.S. - Narpatganj, District - Araria. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Gopal Kumar Jha For the Opposite Party : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 354, 379, 385, 504, 506 of the I.P.C and Sections 3(1)(v)(x)(xi) of the SC & ST (Prevention of Atrocities) Act.
It is alleged that accused persons variously armed entered into the house of the informant, abused by calling caste name and demanded Rs. 10,000/- as extortion. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.7508 of 2015 (2) dt.03-03-2015 2/2 petitioners that accusation of assault is omnibus and general when no injury was caused to anyone and accusation of abusing by calling caste name is against Chintu Nadaf and Tafaizul Nadaf who are not petitioners before this Court. Moreover the occurrence took place inside the house of the informant which cannot be treated to be a place of public view. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Araria in connection with Narpatganj P.S. Case No. 32 of 2014, G.R. No. 292 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T