Md. Mustakim Mian @ Mosatkim Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49885 of 2014 Arising Out of PS.Case No. -201 Year- 2013 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Mustakim Mian @ Mosatkim Mian son of Late Vira Mian
2. Ashagar Alam son of Mustakan Mian Both are residents of village Surajpur, P.S. Pipra Kothi, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2015 The petitioners are apprehending their arrest in connection with Pipra Kothi P.S. Case No. 201 of 2013 for the offence under Sections 363A, 420, 406, 120B, 323, 341, 504 and 506 of the Indian Penal Code.
Heard learned counsel for the petitioners and the State.
The prosecution story, in brief, is that the petitioner Mustakim is a contractor of labourers and he used to send the labourer for their livelihood. He came at the house of the informant and proposed him to send to Nagaland for his livelihood. The informant went there and started working on
Patna High Court Cr.Misc. No.49885 of 2014 (3) dt.07-05-2015 lath machine of one Chandan Singh, who did not pay anything as monthly salary. On 06.07.2013 the informant met an accident and he received severe injuries on his left eye and head. The informant demanded Rs. 12,000/- from the petitioners on which they became angry, abused and assaulted him and refused to pay any money. The informant has further stated that the petitioners have received Rs. 75,000/-from Chandan Singh, as compensation, but they have not given such money to the informant.
It is submitted on behalf of the petitioners that there is no specific role assigned against him. He was simply a contractor, who had got the informant a job in Nagaland, where he met with an accident.
On behalf of the State, it has been submitted that the petitioners have been named in the F.I.R. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 201 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
It is further directed that the petitioners shall
Patna High Court Cr.Misc. No.49885 of 2014 (3) dt.07-05-2015 deposit an amount of Rs.10,000/- in the learned court below which shall be subject to the final disposal of the case. (Sudhir Singh, J) P.K./- U T