Md. Khatib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42208 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -BARSOI District- KATIHAR ====================================================== Md. Khatib, Son of Yakub, resident of Village- Goagaon, P.S.- Barsoi (Kachna O.P.), District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 19-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barsoi P.S. (Kachna O.P.) P.S. Case No.137 of 2017 registered under Sections 147, 341, 323, 448, 307 and 379 of the Indian Penal Code.

The accusation is that when the petitioner put hut at the land of the informant, the informant made protest. Thereafter, all the 18 F.I.R. named accused caused assault to the family members of the informant and this petitioner caused assault to the informant on her head through sickle. At that time, the co-accused Kusni caused cut injury at the fingers of the right hand of Jantun. In that

Patna High Court Cr.Misc. No.42208 of 2017 (2) dt.19-09-2017 2/3 course, all snatched the gold ornaments of the ladies of the family of the informant worth R.20,000/- Learned counsel appearing on behalf of the petitioner submits that, in fact, the marriage of the daughter of the petitioner was performed with the son of the informant. When the petitioner came to know about causing assault to her daughter by the informant and others then the petitioner went there. Thereafter, the occurrence of "Maar-peet" took place in between the parties in which the petitioner's side also sustained injury regarding which on the basis of the written report of the petitioner, Barsoi P.S. (Kachna O.P.) P.S. Case No.136 of 2017 for the offence under Sections 147, 341, 323, 504, 307, 498(A) and 379 of the Indian Penal Code was instituted against the informant and others. Moreover, the two injuries were found on the person of the informant, out of which, injury no.1 is simple in nature and so far as the nature of the injury no.2 is concerned, the nature of the same has not been detailed.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.42208 of 2017 (2) dt.19-09-2017 3/3 Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. (Kachna O.P.) Case No.137 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T