Sagir Gaddi @Sagir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17883 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

SAGIR GADDI @SAGIR ALAM, 2.

Basir Gaddi, son of Jajul Gaddi, both Resident of Village - Bathana, P.S.- Majhauliya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP For the informant :

Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 03-07-2019 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners seek bail in Majhauliya P.S. Case No.293 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code.

In the written report, it alleged that on the date of occurrence Jajul Gaddi assaulted the husband of informant with Gandasa on his head. It is alleged that Nasir Gaddi also assaulted husband of the informant by Gandasa on back portion of his head. Basir Gaddi (petitioner No.2) is alleged to have assaulted husband of the informant on his right hand by Gandasa. Petitioner No.1 is alleged to have assaulted Mobina Khatoon, daughter of the informant, on head with Gandasa.

Patna High Court CR. MISC. No.17883 of 2019(4) dt.03-07-2019 2/2 Injury report of Mobina Khatoon has been enclosed as Annexure-3. The doctor has found one lacerated wound over skull 01⁄4" x 01⁄4" x skin deep, simple in nature caused by hard and blunt substance.

Postmortem report of the deceased has been enclosed as Annexure-2, which shows that deceased has sustained injuries on head and cause of death was due to head injury. There is no allegation against the petitioners of causing head injury to husband of the informant. Petitioners are in custody since 14.12.2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No.293 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) J. Alam/- U T