Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39239 of 2014 Arising Out of PS.Case No. -143 Year- 2014 Thana -KISHANPUR District- SUPAUL ======================================================
1. Md. Shadab S/o Md. Haidar
2. Md. Sultan S/o Md. Gaffar
3. Md. Tarik Rahim S/o Late Abdul Rahim
4. Md. Nasim S/o Md. Hanif
5. Md. Shabbir @ Laddan S/o Md. Abodul Sattar &
6. Md. Sadique Rahim, S/o Late Abdul Rahim .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.40694 of 2014 Arising Out of PS.Case No. -143 Year- 2014 Thana -KISHANPUR District- SUPAUL ======================================================
1. Md. Naushad son of Late Salamat, resident of Village - Sisauni Belatedha, P.S.- Kishanpur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.41148 of 2014 Arising Out of PS.Case No. -143 Year- 2014 Thana -KISHANPUR District- SUPAUL ======================================================
1. Md. Sajjad son of Late Abdul Rahim
2. Md. Shaukat Rahim @ Md. Shaukat Rahim, son of Abdul Rahim
3. Md. Shahid @ Md. Shahid Rahim, son of Late Abdul Rahim. All are resident of village - Sisauni, Belatedha, P.S. Kishanpur, District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2015 Three separate Supplementary affidavits are filed on behalf of the petitioners.
Patna High Court Cr.Misc. No.39239 of 2014 (3) dt.13-02-2015 2/3 All the three petitions are taken enbloc because the said petitions arise out of the same case i.e. Kishanpur P.S. Case No. 143 of 2014 registered under Sections-380, 307 & other minor sections of the Indian Penal Code and accordingly, all the abovesaid petitions are being heard and disposed off by this common order.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
There is allegation against all the petitioners that they assaulted the informant and several other persons and admittedly, in the occurrence, altogether 7 persons sustained injury and one injured namely, Sadre Alam sustained grievous injury on his head but submission on behalf of the petitioners is that there is case and counter case between the parties and persons from both sides, sustained injuries. It is further contended by him that now all the injured of this case, amicably, settled their dispute and have filed compromise petition before the court below.
No doubt, Section-307 of the Indian Penal Code is not a compoundable offence but taking note of the above-said submissions, particularly, this aspect of the matter that both parties amicably, settled their dispute by filing compromise petition before the court below, I think it proper to extend the privilege of
Patna High Court Cr.Misc. No.39239 of 2014 (3) dt.13-02-2015 3/3 bail to the petitioners and, accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kishanpur P.S. Case No. 143 of 2014 to the satisfaction of Chief Judicial Magistrate, Supaul. (Hemant Kumar Srivastava, J) A.K.V./- U T