Md. Kashim Nadaf @ Md. Kashim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75329 of 2018 Arising Out of PS. Case No.-397 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ======================================================
1. Md. Kashim Nadaf @ Md. Kashim son of Md. Mahmood Nadaf
2. Md. Hasim Nadar @ Md. Hasim Nadaf @ Md. Hasim, son of Md. Mahmood Nadaf
3. Sahida Khatoon, wife of Md. Hasim Nadaf @ Md. Hasim
4. Saimul Khatoon @ Saimun Khatoon, wife of Md. Kashim Nadaf @ Md. Kashim
5. Majeeda Khatoon @ Maida Khatoon Daughter of Md. Mahmood Nadaf, All Resident of Village- Thahar, P.S. Runnisaidpur, District- Sitamarhi. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners as well as learned counsel for the State.
Petitioners apprehend arrest in a case registered for offence under sections 341, 323, 308, 506,504/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case due to subsisting dispute between the parties. He submits that the First Information Report has been lodged after delay of five days
Patna High Court Cr.Misc. No.75329 of 2018(2) dt.20-12-2018 2/3 which shows falsity of the allegation and save and except section 308 IPC other offences are bailable.
This Court would find that over a minor dispute regarding catching the goat of petitioners who was grazing informant's Litchi plant, petitioners assaulted the informant by means of Lathi, Danda causing him injuries.
In view of nature of injuries sustained by the informant, the prayer for anticipatory bail to petitioners no. 1 and 2 is rejected.
Petitioners no. 3, 4 and 4, who are female members of the family, as mentioned above, in the event of arrest/surrender within four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Runnisaidpur Police Station Case No. 397 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and The Petitioners will be well represented on each
Patna High Court Cr.Misc. No.75329 of 2018(2) dt.20-12-2018 3/3 date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) shashi/- U T