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Patna High CourtCR. MISC./35758/2015bail granted

Noor Basars Mian And ANR v. The State Of Bihar

2015-09-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35758 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -SC/ST PS District- GOPALGANJ ======================================================

1. Noor Basars Mian

2. Aftab Alam sons of Late Mubarak Hussain, Resident of villagePratappur Tola Surbania, P.S.- Manjha Garh, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,354A and 504/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

It is alleged that the informant side worked as labourer in the house of the petitioners and some wages were due which was asked by the informant when the informant was abused by calling the caste name and assaulted with fists and slaps. It is submitted by the learned counsel for the petitioners that for the occurrence of 19.10.2014 the FIR was registered on

Patna High Court Cr.Misc. No.35758 of 2015 (2) dt.04-09-2015 2/2 21.10.2014. The accusation is omnibus and general. It is further submitted that Manjhagarh P.S. Case No. 224 of 2014 was registered making accusation under sections 366A/34 IPC against the Ram Swarup Bhagat and others for the kidnapping the daughter of petitioner no. 1 and said Ram Swarup Bhagat set up the informant to lodged the present case. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned SDJM, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 51 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T