Mustaque Kabari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39483 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -SC/ST District- SITAMARHI ======================================================

1. Mustaque Kabari S/o Samsuddin Kabari

2. Faruque Kabari S/o Ash Mohammad

3. Samsuddin Kabari S/o Subedar Kabari

4. Mustkim Kabari S/o Samsuddin Kabari All are residents of village - Bishanpur, P.S. - Dumara, District- Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Kumar For the State : Mr. Ambika Bhagat, Spl.PP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-03-2015 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Sitamarhi S.C/S.T P.S. Case No. 4 of 2014 registered for offences punishable under Sections 341, 323, 504 , 354, 379 and 34 of the Indian Penal Code and 3(1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted on behalf of the petitioners that there is omnibus allegation against all the petitioners of assaulting by slaps and fists and thereafter allegation against the petitioner no. 3 that he assaulted by rod. However, it is contended that there is

Patna High Court Cr.Misc. No.39483 of 2014 (2) dt.13-03-2015 2/2 no injury report and a joint petition of compromise has also been filed on behalf of the parties. It is further submitted that coaccused Fatma Khatoon and Masima Khatoon have already been granted anticipatory bail.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Mustaque Kabari, Faruque Kabari, Samsuddin Kabari and Mustkim Kabari be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Sitamarhi SC/ST P.S. Case No. 4 of 2014, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Spd/- U T