Shahbaj Khan @ Shahbaj Ali @ Md. Shahbaj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51832 of 2015 Arising Out of PS.Case No. -363 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Shahbaj Khan @ Shahbaj Ali @ Md. Shahbaj Khan S/O Shahjahan Khan, resident of Village Sihuli, P.S. Amas, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Mohania P.S. Case No. 363 of 2015 registered under Sections 414 of the Indian Penal Code and 11 of the Prevention of Cruelty to Animals Act.
It is contended that even if the entire allegations are taken to be true, the ingredients of the offence punishable under Section 414 of the Indian Penal Code would not be attracted to the facts of the present case. So far as Section 11 of the Prevention of Cruelty to Animals Act is concerned, the same is bailable in nature and is punishable with fine only.
Learned counsel for the State has opposed the application filed on behalf of the petitioner.
Patna High Court Cr.Misc. No.51832 of 2015 (2) dt.10-11-2015 2/2 Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 363 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T