Md. Mumtaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77568 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- SHRI NAGAR District- Madhepura ====================================================== Md. Mumtaj S/o Mejan, R/o Vill.- Mangarbara, Tola- Ghordoul, P.S.- Srinagar, District- Madhepura.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Srinagar P. S. Case No.37 of 2018 registered under Sections 341, 323, 324, 307, 379 and 504 read with 34 of the Indian Penal Code.
Learned counsel for the petitioner submitted that though there is allegation against the petitioner that he assaulted the informant with iron rod on his head, the injury found on his head is simple in nature. He contended that all the family members of the petitioner have been made accused owing to a dispute relating to fixing of Tati (bamboo pieces) over the land. He further contended that the injuries found on the person of the informant are all on non-vital part of the body
Patna High Court Cr.Misc. No.77568 of 2018(2) dt.24-01-2019 2/2 except one on occipital region and that too has been found simple, hence, the ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted. Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.
Considering the nature of allegation and the submission made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Madhepura in Srinagar P. S. Case No. 37 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T