Shekh Nasaruddin @ Nasaruddin @ Nasharuddin Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12572 of 2016 Arising Out of PS.Case No. -195 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== SHEKH NASARUDDIN @ NASARUDDIN @ NASHARUDDIN MIYAN .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Uma Shankar Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,341,323,354,379 and 427 of the Indian Penal Code.
The prosecution case is that the petitioner and others assaulted the labourers of the informant who were constructing here house. On protest being made by the informant, the petitioner stripped her.
It is submitted by the learned counsel for the petitioner that since the informant encroached the public road and it was objected by the petitioner hence false accusation has been levelled. The petitioner preferred C.W.J.C No. 17797 of 2015 before this court against the encroachment made by the informant and in pursuance to the order passed in the said writ application the
Patna High Court Cr.Misc. No.12572 of 2016 (2) dt.17-03-2016 2/2 District Magistrate took action against the informant hence as a retaliatory measure the accusation has been levelled. Considering the aforesaid facts, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Bhagwanpur Hat P.S. Case No. 195 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T