Md. Sarwar Imam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15754 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -SC/ST District- MADHEPURA ======================================================
1. Md. Sarwar Imam
2. Md. Muzzaffar
3. Md. Babar Imam @ Babar Imam
4. Md. Mazhar Imam @ Mazhar Imam
5. Md. Shofdar Imam @ Sabdar Imam
6. Md. Sikandar Imam @ Sikandar Imam
7. Md. Dilawar Imam
8. Md. Dawar Imam All Sons of Late Md. Nizam All residents of village Paina, Ward No. 09, Police Station - Chousa, District - Madhepura. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Raja Surendra Mohan For the Opposite Party : Mr. Sadanand Paswan (Spl. App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 323, 341, 379, 504 of the Indian Penal Code and Sections 3(1)(iii)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that petitioners along with 4-5 unknown came variously armed and started constructing house on the land of the informant and when the informant made protest then the informant was assaulted and abused by calling caste name. It is further alleged that on the order of petitioner No. 7, Md. Dilawar Imam, petitioner No. 4, Mazhar Imam pointed pistol on the temple of the informant and
Patna High Court Cr.Misc. No.15754 of 2015 (2) dt.04-05-2015 2/2 petitioner No. 6, Sikandar Imam snatched Rs. 3000/- from the pocket of the informant.
It is submitted by learned counsel for the petitioners that for the occurrence of 11.12.2014 the First Information Report was registered on 02.01.2015. A statement has been made in para 10 of the petition that no injury report of the informant has been brought on record.
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 SubDivisional Judicial Magistrate, Madhepura in connection with Madhepura SC/ST P.S. Case No. 01 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T