Md. Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44017 of 2017 Arising Out of PS. Case No.-323 Year-2017 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Mubarak, Son of Md. Khalil, Resident of Srinagar, P.S. Srinagar, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. SRI AKHILESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-11-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with K. Nagar (Srinagar) P.S. Case No. 323 of 2017 registered for the offence punishable under sections 323, 313, 386, 376 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner, who is Bhaisur of the ifnromant, has been falsely implicated in this case by the informant in order to grab the land of the petitioner. There is admitted land dispute between the parties. In connection with that, a compromise was also arrived between the parties before the Panchayat that no party will make allegation and counter allegation against eachother. Moreover, no first information report was lodged and the present complaint

Patna High Court Cr.Misc. No.44017 of 2017(3) dt.02-11-2017 2/2 has been lodged, that too after delay of about eight months. On mediation examination, no sign of physical or sexual assault was found upon. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, 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, Purnea in connection with K. Nagar (Sri Nagar) P.S. Case No. 323 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T