Babuddin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20214 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== Babuddin Mian, aged about 35 years, Gender-Male, Son of Is Mohammad Mian, Resident of Village- Haluaad, P.S.- Sindwalia, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-04-2019 The petitioner seeks bail in anticipation of his arrest in connection with Sindwalia P.S. Case No. 211 of 2018, dated 21.10.2018, instituted for the offences under Sections 447, 341, 323, 324, 354(B), 379 and 504/34 of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant on her head by means of Garasa because of her having prevented the petitioner from cutting a tree belonging

Patna High Court CR. MISC. No.20214 of 2019(2) dt.03-04-2019 2/3 to her. It has also been alleged that when the daughter-inlaw of the informant came to her rescue, she was misbehaved with.

The learned counsel for the petitioner has submitted that though the allegation against the petitioner is of having used Garasa in injuring the informant, but the injury suffered by her has been opined to be simple in nature and having been caused by hard and blunt substance. There is a long pending land dispute between the parties and the allegation of misdemeanor with a female member does not appear to be correct as all other family members of the informant have been made accused in this case. Considering the aforestated facts and the clean antecedents of the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI,

Patna High Court CR. MISC. No.20214 of 2019(2) dt.03-04-2019 3/3 Gopalganj, in connection with Sindwalia P.S. Case No. 211 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T