Mithilesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5464 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mithilesh Sahani, Son of Mamal Dev Sahani, Resident of VillageKanshpakari, P.S.- Madhuban, District- East Champaran, Motihari. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Madhuban P.S. Case No.272 of 2017 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is case and counter case. The counter case was lodged by the wife of co-accused Devendra Sahani, namely, Milan Devi vide Madhuban P.S. Case No.273 of 2017 against the informant and otehrs. It is further submitted that the informant is alleged to have assaulted with Lathi but no grievous injury has been found on the person of the informant caused by hard and blunt substance
Patna High Court Cr.Misc. No.5464 of 2018 (2) dt.02-02-2018 2/2 and, thus, ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted. Be that as it, regard being had to the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari in connection with Madhuban P.S. Case No.272 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T