Mukhilal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3883 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Mukhilal Mukhiya Son Of Late Abadh Mukhiya Resident Of VillageBhatchaura, Ward No.-07, Police Station- Babubarahi, District-Madhubani 2.

Shushil Mukhiya Son Of Saukhilal Mukhiya Resident Of VillageBhatchaura, Ward No.-07, Police Station- Babubarahi, District-Madhubani 3.

Bhalsari Devi Wife Of Prabodh Mukhiya Resident Of Village- Bhatchaura, Ward No.-07, Police Station- Babubarahi, District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354(A), 504, 427, 506, 34 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner Nos. 2 and 3 namely Shushil Mukhiya and Bhalsari Devi since they have been arrested.

Patna High Court CR. MISC. No.3883 of 2022(2) dt.02-08-2022 2/3 Permission is accorded.

Accordingly, the petition with respect to petitioner Nos. 2 and 3 is dismissed as withdrawn. It is alleged that all the F.I.R named accused persons including the petitioners assaulted the informant and her husband.

It is submitted by learned counsel for the petitioner No. 1 that petitioner and the informant are neighbour and they were on inimical terms from before. There is general and omnibus allegation against this petitioner. Moreover, the injuries of the injured have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioner No. 1 has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.3883 of 2022(2) dt.02-08-2022 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Babubarahi P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T