Md. Ali @ Mohammad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.404 of 2016 Arising Out of PS.Case No. -888 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================
1. Md. Ali @ Mohammad S/o Late Israil @ Ismile @ Natho Miya R/o Mohalla - Gangjala Ward No. 15 Saharsa at present residing at Anand Bihar New Delhi Gali No. 01, P.S. Anand Bihar, District - Delhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kuresha Khatoon W/o Md. Mustakim Resident of Gangjala Ward No. 15, P.S. - Sadar, District - Saharsa.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the brother of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 379, 504, 498A/34 of the Indian Penal Code.
It is alleged that in the background of money dispute the petitioner assaulted the informant with brick, when the husband of the informant came to rescue then he was also assaulted. Learned counsel for the petitioner further submits that the injury caused to the informant is simple in nature. A statement to that effect has been made in para 10 of the petition, which reads
Patna High Court Cr.Misc. No.404 of 2016 (2) dt.05-01-2016 as follows:- "That the injury on the person of the informant is simple in nature and was not inflicted by this petitioner."
Considering the nature of accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 888 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ranjan/- U T