IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33601 of 2010
MD.MOHIUDDIN
Versus
STATE OF BIHAR
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2 07.10.2010 Heard learned counsel appearing on behalf of the
petitioner and the learned counsel appearing on behalf of
the State.
Petitioner apprehends his arrest in connection with
C.R.No.1145 of 2009 corresponding to T.R. No. 1737 of
2010 for the offence punishable under Sections 341, 323
and 504 of the Indian Penal Code and section 3/4 of the
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the ‘Act’).
Learned counsel with reference to the substance of
allegation as set out in the complaint petition submits
that as according to the complainant himself the
petitioner have gone to the house of the complainant and
it is at that, place within his residential premises, the
alleged occurrence is said to have taken place. He thus
submits that the condition as set out in Section 3(i)(X)
does not stand fulfilled in the present case and which fact
has also been taken note of by the Court below upon
perusal of the materials available on record. He thus
submits that the alleged offence under the Act not having
been made by the complainant and the other
2
allegations/charge set out against the petitioner being
bailable, the prayer made by the petitioner requires
consideration.
Taking into consideration the circumstances, the
statutory provision and the submissions of the learned
counsel, let the petitioner namely, Md. Mohiuddin, in the
event of arrest or surrender within four weeks from the
date of receipt/production of a copy of this order before
the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the Chief
Judicial Magistrate, Madhubani in connection with
C.R.No.1145 of 2009 corresponding to T.R. No. 1737 of
2010 subject to the condition stipulated under Section
438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J.)
Bibhash