Nitya Nand Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.7757 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7757 of 2017 Arising Out of PS.Case No. -273 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Nitya Nand Bhagat, son of Late Gauri Shankar Bhagat, resident of Village- Mojahida, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is in custody in connection with Parbatta Police Station Case No. 273 of 2016 registered under Sections 341, 323, 307, 379, 354(B), 506/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the informant and the petitioner are the members of one family and on account of family property dispute for which a suit being T.S. No. 184 of 2013 is pending between them. Admittedly an scuffle took place between the parties and the informant sustained injury on the her head but the said injury, according to annexure-2, appears to be simple in nature. No case under Section 307 of the I.P.C. is made out against the petitioner.

Patna High Court Cr.Misc. No.7757 of 2017 (2) dt.28-02-2017 Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria, in connection with Parbatta Police Station Case No. 273 of 2016.

(Arvind Srivastava, J) brajesh/- U T