Nadeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17764 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- JOKIHAT District- Araria ====================================================== 1.

NADEEM Son of Manzoor Resident of Village - Bhagwanpur, Ward No. 03, P.S.- Jokihat, Distt - Araira.

2.

Manzoor Son of Idris Resident of Village - Bhagwanpur, Ward No. 03, P.S.- Jokihat, Distt - Araira.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Jokihat P.S. Case no. 9 of 2020, registered for the offence punishable under section 307 and other sections of the Indian Penal Code.

As per the allegation in the FIR, it is stated by the informant that one of the girl students was pulled up for not concentrating on her studies on which the two petitioners herein came to the 'madarsa' and assaulted and abused the informant. It is submitted by learned counsel for the petitioners that from perusal of the FIR itself, it would be evident that a minor occurrence of protest having been lodged by the

Patna High Court CR. MISC. No.17764 of 2020(3) dt.24-09-2020 2/2 petitioners has been blown out of proportion. It is further submitted that the allegations as levelled in the FIR are false and concocted. Further, from the injury report of the informant, the doctors have stated the injuries to be simple in nature. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the injury report and the materials that has transpired in course of investigation, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Jokihat P.S. Case no. 9 of 2020 they will be enlarged on bail on each of them 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, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U