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Patna High CourtCR. MISC./53579/2017allowed

Md. Raju And ORS v. The State Of Bihar

2017-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53579 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Md. Raju

2. Md. Firoz

3. Md. Afroz

4. Md. Parwez, All sons of Ali Raza Khan @ Hawaldar resident of Mohalla- Rasool Nagar, P.S.- Nawada, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Nawada (Town) P.S. Case No. 158 of 2017 for an offence under sections 448, 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

Counsel for the petitioners submits that an altercation between the informant side and the petitioners took place on a very trivial issue. He submits that subsequently the parties have entered into a compromise.

Referring to the statement made in para-3 that the petitioners have no criminal antecedent and considering the fact

Patna High Court Cr.Misc. No.53579 of 2017 (2) dt.09-11-2017 2/2 that the parties have entered into a compromise, the court should allow anticipatory bail to the petitioners.

Counsel for the State submits that if the parties have settled their dispute by entering into a compromise then it would be appropriate that the informant side may be made bailor in this case to examine the veracity of the claim of the petitioners as to the fact that the parties have entered into a compromise. In view of the above, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada (Town) P.S. Case No. 158 of 2017 on the condition that one of the bailors should be the informant or family members of the informant and other condition as enumerated under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U