Mukhlesh @ Md. Mukhlesh @ Md. Mukhkim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28443 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BAUNSI District- ARRARIA ======================================================

1. Mukhlesh @ Md. Mukhlesh @ Md. Mukhkim, son of Nazamuddin, resident of Village- Latahari, P.S.- Bousi, Dist- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 448, 307, 379, 504 and 506 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner armed with deadly weapon came at the Boring machine of the informant and removed the pipe and machine. On protest, they abused and assaulted the informant and petitioner assaulted the son of the informant with farsa, as a result of which he sustained injury on the head. Accused persons also entered in the house of the informant and assaulted the female members and took away box containing ornaments and clothes. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.28443 of 2017 (2) dt.01-07-2017 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple in nature. Hence, no offence under Section 307 I.P.C. is made out. The matter has already been compromised between the parties vide Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Araria in connection with Bousi P.S. case No.14 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T