Md. Maquebul Hussain @ Mofil Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55315 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -SC/ST District- KATIHAR ======================================================

1. Md. Maquebul Hussain @ Mofil Mian son of Late Bangali Mian

2. Md. Nazir @ Md. Nazir Hussain son of Md. Maquebul Hussain @ Mofil Mian, Both residents of Village- Mohammadpur, P.S. Kadwa, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341 and 323/34 of the Indian Penal Code and section 3(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is of abusing by calling caste name and snatching rupees five thousand from the informant. It is submitted by the learned counsel for the petitioners that for the occurrence of 13.11.2014 the FIR was registered on 16.11.2014. It is further submitted that the accusation of abusing by calling caste name is not specific against

Patna High Court Cr.Misc. No.55315 of 2015 (2) dt.07-12-2015 2/2 the petitioners.

The delayed lodging of the case constitutes ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Katihar Town SC&ST P.S. Case No. 19 of 2014 pending in the court of learned ACJM, Katihar. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T