Md. Idris @ Idris And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39560 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -PALASI District- ARRARIA ======================================================
1. Md. Idris @ Idris, Son of Late Bonsi,
2. Md. Akbar @ Akbar Son of Idris @ Md. Idris,
3. Md. Jumman @ Jumman, Son of Idris @ Md. Idris, All are R/o VillagePachaili, P.S.- Palasi, District- 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. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Palasi P.S. Case No. 134 of 2017 instituted for the offence under Sections 341, 323, 3214, 307, 379 and 504/34 of the Indian Penal Code. As per written report on account of grazing the field of jute of the informant by she goat of petitioner No. 1, the informant raised objection and, thereafter, petitioner No. 1 is alleged to have assaulted the mother of the informant with Dabiya on her head. There is general and omnibus allegation against petitioner Nos. 2 and 3.
The injury report is available in the case diary wherein
Patna High Court Cr.Misc. No.39560 of 2017 (3) dt.06-10-2017 2/3 the Doctor has found only one injury on the head of mother of the informant caused by sharp cutting weapons and opinion has been kept reserved.
It has been submitted on behalf of the petitioners that matter has now been compromised between the parties and a compromise petition has been filed before the learned court below.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Palasi P.S. Case No. 134 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or
Patna High Court Cr.Misc. No.39560 of 2017 (3) dt.06-10-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T