Md. Banti @ Saddam Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.42239 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42239 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Md. Banti @ Saddam Hussain, Son of Md. Nasrul, R/o Village- Hussaina Bujurg, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Chandra, Advocate. For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== 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 Goraul P.S. Case No. 132 of 2017, registered under Sections 341, 323, 307, 354, 379 and 504/34 of the Indian Penal Code. The accusation is that seven persons named in the F.I.R. including the petitioner came at the door of the informant and started to abuse him. When he made protest then this petitioner caused injury at his head through iron rod whereas Md. Asgar caused fracture injury at his left hand through lathi. When Kanish Fatima, wife of the informant, rushed to save him then she was assaulted by Md. Shaheb through fist and slaps. On raising alarm, villagers came there then accused persons started to flee

Patna High Court Cr.Misc. No.42239 of 2017 (2) dt.19-09-2017 away. In the meantime, Md. Chottu took cash of Rs. 12,500/- from his pocket.

Learned counsel for the petitioner submits that, in fact, occurrence took place due to teasing of lady of the family of the petitioner, in which, petitioner's side also sustained injury, regarding which, Goraul P.S. Case No. 133 of 2017 is instituted on the basis of the written report of mother-in-law of the petitioner. Moreover, four injuries were found on the person of the informant, out of which, two injures are simple in nature and two other injuries are grievous in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul P.S. Case No. 132 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T