Md. Tamijuddin @ Tamijuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23912 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -KADWA District- KATIHAR ======================================================
1. Md. Tamijuddin @ Tamijuddin S/o Md. Abdul Wahab, R/o Vill- Baura, P.S.- Kadwa, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 385, 504, 506, 501 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.
The prosecution case is that the informant claimed himself to be a Block Coordinator of Kadwa Literacy Mission got information that the petitioner posted some materials relating to informant on social media i.e.
Patna High Court Cr.Misc. No.23912 of 2016 (2) dt.26-05-2016 Whats App which went viral. When the informant went to enquire about the matter the petitioner got agitated and abused him by calling caste name and snatched Rs. 1500/- from his pocket.
It is submitted by the learned counsel for the petitioner that in the background of dispute between the parties from before the present case has been lodged. The petitioner is the President of Primary Teacher of School Union of Katihar District. He raised genuine demand of non payment of salary to the teachers and then unauthorized deputation at other places. The informant being Coordinator in Literacy Mission Coordinator of Kadwa visited the petitioner's school and took photography. The informant made protest against the petitioner's visit to the school hence as a retaliatory measure the present case has been lodged. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the nature of accusation, let the above named petitioner be released on 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 Sub-Divisional Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 18 of 2016, subject to conditions as laid down under
Patna High Court Cr.Misc. No.23912 of 2016 (2) dt.26-05-2016 Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T