Md. Sadik And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26047 of 2015 Arising Out of PS.Case No. -649 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Md. Sadik Son of Late Sagir Mian.

2. Md. Ilyas Son of Late Sagir Mian. Both Are Residents of VillageFulkaha, P.S. Jadia, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Palat Rishideo Son of late Garbhu Rishideo Resident of VillageBishnupur Bazar, P.S. Kumarkhand, District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 406, 504, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that petitioners got the hutment constructed from the complainant but refused to make payment of the agreed wages and on demand being made the complainant was abused by calling caste name and assaulted. It is submitted by learned counsel for the petitioners that in the background of initiation of proceeding under Section 107 Cr.P.C between the parties the accusation

Patna High Court Cr.Misc. No.26047 of 2015 (2) dt.03-07-2015 2/2 has been levelled. It is further submitted that Sub-inspector of Jadia P.S recommended for initiating proceeding under Section 116(3) of the Cr.P.C against the complainant on 10.06.2013 and thereafter on 12.06.2014 the complaint has been filed. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 Judicial Magistrate, 1st Class, Madhepura in connection with Complaint Case No. 649(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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