Md. Ali And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42328 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Md. Ali, son of Ataur Rahman,

2. Md. Jameel, son of Md. Jaleel,

3. Md. Perwej, son of Md. Enam,

4. Md. Ehsan, son of Late Eradi Mian, All resident of Village-Kabeerpur, P.S.-Neemchak Bathani, District-Gaya.

5. Md. Shahnawaz @ Laddu, son of Md. Arif Hussain, Resident of Village-Neyamatpur, P.S. Neemchak Bathani, District-Gaya.

6. Amanullah @ Amerullah, son of Md. Naushad, Resident of VillageChausandhi, P.S. Neemchak Bathani, District-Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners are apprehending their arrest in connection with Neemchak Bathani P.S. Case No. 85 of 2014

Patna High Court Cr.Misc. No.42328 of 2014 (2) dt.04-03-2015 2 / 3 dated 10.08.2014 registered for the offences under Sections 341, 323, 384, 379/34 of the Indian Penal Code.

Allegedly, the petitioners entered into the Aanganwari Centre and demanded Rs. 10,000/- from the informant and Petitioner No.1 assaulted on her wrist of left hand by means of pistol resulting entire bangles being broken and Petitioner No. 5 snatched golden earring causing threat that if without payment the centre will be opened then she will be killed.

Submission is that as a matter of fact, the Aanganwari Centre is not opened and as such the villagers including the petitioners have filed complaint before Block Development Officer, Neemchak Bathani vide Annexure-2 and after getting knowledge the informant lodged this case with false allegation, news items were published in Prabhat Khabar in this regard vide Annexure-3 but due to intervention of well wishers, now, the matter has been compromised and joint compromise application has been filed in the Court below and as such deserves sympathetic consideration to which the learned A.P.P. opposes.

Patna High Court Cr.Misc. No.42328 of 2014 (2) dt.04-03-2015 3 / 3 or production of the same shall be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Kumari Vijaya, the learned Judicial Magistrate 1st Class, Gaya in connection with Neemchak Bathani P.S. Case No. 85 of 2014, subject to the conditions as laid down under Sections 438 (2) of the Cr. P.C. (Jitendra Mohan Sharma, J.) Kamlesh U T