Md. Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35294 of 2014 Arising Out of PS.Case No. -69 Year- 2013 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Md. Natta Sheikh S/o Late Rashim Fulauri Miya, Resident of VillageJeouri, P.S.- Pakribarawan, District- Nawada .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.36743 of 2014 Arising Out of PS.Case No. -69 Year- 2013 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Md. Chand S/o Md. Phulouri Miyan R/o village and P.O.- Jiuri, P.S.- Pakribarawan, District- Nawada .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.37020 of 2014 Arising Out of PS.Case No. -69 Year- 2013 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Md. Saddam Mullick S/o Md. Mallik Alam R/o Village and P.O. - Jiuri, P.S. - Pakribarawan, District- Nawada. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.35294 of 2014) For the Petitioner : Mr. Dhananjaya Nath Tiwari For the Opposite Party : Mr. Sadanand Paswan( Spl.PP) (In Cr.Misc. No.36743 of 2014 & Cr.Misc. No.37020 of 2014) For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 20-02-2015 Petitioners in all the three petitions apprehend their arrest in Pakribarawan P.S. Case No. 69/2013, instituted under sections 341, 323, 504,506, 427/34 of the Indian Penal Code and sections 3(i)(x)/SC/ST (P.A.) Act, which is pending in the court of
Patna High Court Cr.Misc. No.35294 of 2014 (21) dt.20-02 2/2 learned Sub-Divisional Judicial Magistrate, Nawada. Learned counsel for the petitioners draws attention of this Court to the fact that though the date of occurrence was 24.05.2013 and the fardbeyan was made on 25.05.2013, but the case was registered only on 28.05.2013 and forwarded and received in the court on 29.05.2013. There is no explanation for this inordinate delay. It is further submitted that even the manner of occurrence does not inspire any confidence. It is only a false case to implicate the petitioners, who are not even Hindus. Be that as it may, in the event of arrest or surrender within a period of four weeks from today, all the three petitioners, namely, Md. Natta Sheikh (Cr.Misc. No. 35294/2014), Md. Chand (Cr. Misc. No. 36743 of 2014) and Md.
Saddam Mullick (Cr. Misc. No. 37020 of 2014) are directed to be admitted to bail on executing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Nawada, in connection with Pakribarawan P.S. Case No. 69/2013, subject to the conditions as embodied in section 438(2) of the Code of Criminal Procedure.