Nasim Khan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.51365 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51365 of 2014 Arising Out of PS.Case No. -343 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. NASIM KHAN, S/O KARIM KHAN

2. RAJESH KHAN @ RAYEES KHAN, S/O KARIM KHAN, BOTH RESIDENT OF VILLAGE SATANBIGHA, P.S.

WAZIRGANJ, DISTRICT GAYA.

3. ZAKIR KHAN, S/O RAHIM KHAN, RESIDENT OF VILLAGE CAHINBIGHA, P.S. WAZIRGANJ, DISTRICT GAYA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Kamaluddin, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Wazirganj P.S. Case No. 343 of 2014 registered under Sections 147, 149, 323, 504 and 506 of the Indian Penal Code and Section 3(i)(x) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation is that petitioners along with two others caused injury to Sabita Devi, Sanjita Devi, Girja Paswan, Bhola Paswan and Sarda Devi at the time of selection of Anganwari Sevika denoting the caste name.

Patna High Court Cr.Misc. No.51365 of 2014 (2) dt.14-05-2015 Learned counsel for the petitioners submits that at the time of selection of Anganwari Sevika, hot-talk was exchanged and occurrence took place, regarding which, Wazirganj P.S. Case No. 345 of 2014 was also lodged by petitioner's side against the informant and others. Learned counsel for the petitioners further submits that co-accused, Meraj Khan and Mahfooz Khan @ Mahfooz Alam have already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 16.01.2015 passed in Criminal Misc. No. 1402 of 2015.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Wazirganj P.S. Case No. 343 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T