Azazul Haque @ Lapetu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39277 of 2013 ======================================================
1. Azazul Haque @ Lapetu son of Late Md. Sadique
2. Md. Sohrab son of Md. Taiyab
3. Aftab Alam @ Chand Babu son of Saffiullah
4. Md. Kalim son of Late Ashfaque Ahmad .... .... Petitioner/s
Versus
The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-12-2013 Heard learned counsels for the petitioners and the State.
The petitioner Nos. 2 and 4 have been arrested, hence their applications have become infructuous. Petitioner Nos. 1 and 3 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 379, 384, 427, 504 of the I.P.C. and Section 3(i)(x) of the SC & ST (Prevention of Atrocities) Act.
Accusations are of making assault and abusing by calling caste name.
It is submitted by learned counsel for the petitioners that accusation of assault is not specific against petitioner No. 1 and title suit is pending between the parties. It is submitted by learned counsel for the informant that title suit has been filed subsequent to the lodging of the F.I.R.
Patna High Court Cr.Misc. No.39277 of 2013 (3) dt.24-12-2013 2 / 2 Considering the nature of accusation, let learned Court below consider regular bail of petitioner No. 3 namely Aftab Alam @ Chand Babu, if the petitioner No. 3 surrenders within a period of six weeks in connection with Thawe P.S. Case No. 36 of 2013, pending in the Court of learned Chief Judicial Magistrate, Gopalganj. With the observations above, the application with regard to petitioner No. 3 stands disposed off. Considering the aforesaid facts, let the petitioner No. 1 namely Azazul Haque @ Lapetu, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 36 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners.
(Dinesh Kumar Singh, J) Shageer/-