Md. Kafi @ Md. Kaifi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40411 of 2014 Arising Out of PS.Case No. -108 Year- 2013 Thana -PUPRI District- SITAMARHI ======================================================
1. Md. Kafi @ Md. Kaifi Son of Late Suleman Resident of Village - Bargachia, P.S. - Pupri, District - Sitamarhi. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Jha For the Opposite Party : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2015 Petitioner is languishing in custody since 05.06.2014 in a case registered for the offences punishable under Sections 323, 341, 363, 365, 379, 506, 143/34 of the I.P.C.
It is alleged that all the accused persons including the petitioner entered into the school and demanded Rs. 50,000/- as extortion from the Head Mistress of the school, assaulted the Head Mistress and smashed the register. It is further alleged that one day after the said occurrence the accused persons came to the house of the informant, assaulted him and when wife and daughter of the informant came to rescue then they were also assaulted when co-accused Md. Zaffir took Rs. 20,000/- and Md. Zaheer took silver neckless from the wife of the informant. The accused persons also kidnapped the brother of the informant Abdul Baki.
Patna High Court Cr.Misc. No.40411 of 2014 (3) dt.16-01-2015 2/2 Subsequently the victim after 22 days of his kidnapping returned and gave 164 Cr.P.C statement where he named 18 persons including the petitioner.
It is submitted by learned counsel for the petitioner that petitioner, informant and the victim are own brothers and for petty dispute the accusation has been levelled. Considering the delayed recording of 164 Cr.P.C statement of the victim who of his own returned when other co-accused have been granted bail vide Cr. Misc. No. 27005 of 2014, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 108 of 2013. (Dinesh Kumar Singh, J) Shageer/- U T