Patna High Court - Orders
Kitabuddin @ Kitabuddin Mian & Ors. vs The State Of Bihar on 3 May, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14363 of 2011
KITABUDDIN @ KITABUDDIN MIAN & ORS.
Versus
THE STATE OF BIHAR
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02. 03.05.2011Petitioners are apprehending their arrest in a case registered under Sections 371, 374, 354/34 of the I.P.C. and Sections 3(i) (x) of the S.C. & S.T.(Prevention of Atrocities) Act.
The accusation is that first Manzoor assaulted the son of the informant by shoes and thereafter accused Kitabuddin asked to tie the informant to the pole. It is also alleged that informant was made naked by the accused persons and abused by calling cast name.
It is submitted by learned counsel for the petitioners that for the accusation of 03.05.2010 the complaint was filed on 12.05.2010 which was registered as police case on 04.06.2010. It appears that on 04.05.2010 and 18.06.2010 the informant made similar accusation before Sub-Divisional Officer, Gopalganj when during investigation the accusation was found false and Section 107 Cr.P.C. proceeding was recommended.
The delayed lodging of the complaint and making similar accusation earlier cloud the bona fide of the accusation.
Considering the aforesaid facts, let the 2 petitioners namely 1. Kitabuddin @ Kitabuddin Mian 2. Md. Noor Alam @ Munna Mian 3. Manzoor Alam @ Manzoor Mian 4. Azaz Alam @ Azaz Mian, 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 Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 70 of 2010.
Shageer ( Dinesh Kumar Singh, J)