SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Md. Nakib vs The State Of Bihar on 5 December, 2019

Arising Out of PS. Case No.-289 Year-2019 Thana- NAANPUR District- Sitamarhi

MD. NAKIB Son of Late Md. Sabir R/o Village- Singhachauri, P.S.- Nanpur,
District- Sitamarhi.
… … Petitioner
The State of Bihar
… … Opposite Party

Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.


2 05-12-2019 Heard learned counsel for the petitioner. No one

appears on behalf of the State.

The petitioner is seeking anticipatory bail in

connection with Nanpur P.S. Case No. 289/2019 registered

under Sections 341, Section323, Section354, Section504, Section506/Section34 of the Indian

Penal Code.

Learned counsel for the petitioner submits that in

the present case except the allegation under Section 354

I.P.C. all other sections are bailable. It is his submission that

in the facts of the present case it may be found that both the

parties are agnates, they are neighbour and co-villagers and

in fct the informant has herself alleged that while she was

scolding the mentally sick boy namely Saif Ali who is likely

a mad person, this petitioner came there, the allegation is
Patna High Court CR. MISC. No.79907 of 2019(2) dt.05-12-2019

that he abused the informatn and gave her a slap and in the

process her cloths got torn. It is submitted that the mentally

sick boy is the nephew of this petitioner and while the

informant was beating him this petitioner being agnate and

co-villager intervened and tried to save the mentally sick

boy and being aggrieved by that this false allegation has

been made against the petitioner.

Considering the facts and circumstances and the

nature of allegations and the submissions as also the

relationship between the parties, this court directs that in the

event of his arrest/surrender before the court below within a

period of four weeks, let the above-named petitioner be

enlarged on bail furnishing bail bond of Rs. 15,000/-

(Rupees Fifteen Thousand only) with two sureties of the

like amount each to the satisfaction of learned S.D.J.M.,

Pupri at Sitamarhi, in connection with Nanpur P.S. Case No.

289/2019, subject to condition as laid down under Section

438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself

available for interrogation by a police officer as and when


Patna High Court CR. MISC. No.79907 of 2019(2) dt.05-12-2019

(ii) a condition that the person shall not, directly

or indirectly, make any inducement, threat or promise to any

person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to

any police officer;

(iii) a condition that the person shall not leave

India without the previous permission of the Court.

(Rajeev Ranjan Prasad, J)


Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation