Md. Siraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2985 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -KASBA District- PURNIA ======================================================
1. Md. Siraj, son of late Abdul Salam , resident of village- Sadhubaily, Balu Tola, Police Station- Kasba, District- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks bail in Kasba P.S. Case No.79 of 2016 instituted for the offence under Section(s) 341, 323, 307, 384, 386, 504, 506/34 Indian Penal Code.
It has been submitted that this petitioner has been falsely implicated on account of land dispute. The matter has now been compromised between the parties.
As per the First Information Report, two co-accused, namely, Sabila Khatoon and Shahjahan caught hand of the informant and the petitioner put rope around the neck and started puling the rope with intention to kill him. Injury Report has been annexed as Annexure-2. The doctor has found strangulation mark
Patna High Court Cr.Misc. No.2985 of 2017 (2) dt.04-02-2017 2/2 around the neck and opined the injury to be dangerous to life. The doctor has not mentioned any description about the strangulation mark or the depth of the injury. He has simply mentioned that the injury was dangerous to life. Moreover, as stated above, matter has been compromised. It is also mentioned in the impugned order that there is land dispute between the parties. The petitioner is in custody since 12.11.2016.
In view of such, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Kasba P.S. Case No.79 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) JA/- U T