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

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79907 of 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
Versus
The State of Bihar
… … Opposite Party

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

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER

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
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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

required;

Patna High Court CR. MISC. No.79907 of 2019(2) dt.05-12-2019
3/3

(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)
Rajeev/-

U T

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