Mukti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36921 of 2016 Arising Out of PS.Case No. -836 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukti Sah son of Late Bhikhari Sah resident of Village- Turkauliya Baswariya Tola, P.s.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

Petitioner is said to have given twice farsa blow causing head injury to informant. It is admitted case of the prosecution that petitioner is agnate of the informant. Moreover, Annexure-2, the photostat copy of injury report of informant, goes to show that she sustained three injuries out of which one injury was found on head and another is found on forehead. The doctor kept his opinion in respect of nature of injury reserved. Moreover,

Patna High Court Cr.Misc. No.36921 of 2016 (2) dt.01-09-2016 2/2 it would appear that the alleged occurrence took place on 02.12.2014 and the informant lodged the present case on 05.12.2014 and in her written report, the informant very clearly stated that having discharged from the hospital she lodged the present case and, therefore, the aforesaid fact goes to show that she remained in the hospital only for three days. Submission on behalf of the petitioner is that the informant appears to have sustained simple injury and moreover, being agnates both parties have settled their dispute amicably. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 836 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T