Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46704 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Md. Nasim Son of Abbar Sardar @ Abbas Sardar, Resident of VillageSaren, P.S.-Nimchak Bathani, District-gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nimchak Bathani P.S. Case No. 46 of 2017 registered under Sections 147, 341, 323, 379, 448 and 504 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that there is general and omnibus allegation against the petitioner. On perusal of Annexure-2 to the supplementary affidavit, it appears that the Court below did not find a substance/material for the offence under section 376/511 of the I.P.C. Hence, the same is not made out in the case. Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.46704 of 2017 (2) dt.17-10-2017 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-X, Gaya in connection with Nimchak Bathani P.S. Case No. 46 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T