Shekh Rahmatullah @ Md. Rahamatullah. v. The State Of Bihar

Patna High Court Cr.Misc. No.36566 of 2014 (2) dt.11-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36566 of 2014 Arising Out of PS.Case No. -43 Year- 2013 Thana -SC/ST PS District- DARBHANGA ====================================================== Shekh Rahmatullah @ Md. Rahamatullah, Son of Md. Gulzar, resident of Village- Supaul Bazar, Shekhpura Tola, P.S. Ghanshyampur (Biraul), District- Darbhanga (Bihar).

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Vinay Kumar Mishra, Advocate. For the State : Mr. Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Darbhanga SC/ST P.S. Case No. 43 of 2013 registered under Sections 147, 341, 323, 354, 379 and 504 of the Indian Penal Code and Section 3(i)(x) of S.C./S.T. Act.

It is alleged that when the informant refused to go on tempo of the petitioner for the reason he was in drunken state on which the petitioner abused him by his caste name and also assaulted and snatched Rs. 1000/- and other articles from the informant.

Learned counsel for the petitioner submits that a compromise petition has already been filed in which it has been mentioned that both the parties do not want to proceed with the case further. It is further submitted that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender

Patna High Court Cr.Misc. No.36566 of 2014 (2) dt.11-02-2015 within a period of four weeks from the date of receipt of copy of order in the court below shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Srivastava, Learned Judicial Magistrate, 1st Class, Biraul at Benipur, Darbhanga, in connection with Darbhanga SC/ST P.S. Case No. 43 of 2013, subject to condition as laid down under Section 438(2) of Cr.P.C. Further condition that one of the bailors shall be near relative of the petitioner who will file an affidavit to this effect that petitioner shall not indulge in such activity in future and petitioner has no criminal antecedent.

m.p.

(Gopal Prasad, J) U T