← Library
Patna High CourtCR. MISC./31023/2022bail granted

Md. Massi v. The State Of Bihar

2022-12-05Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31023 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Md. Massi Son Of Late Jamruddin R/O- Village- Dhatta Ghat Ward No. 11 P.S.- Jalalgarh District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Vide order dated 05.12.2022, bail has been allowed on the ground that compromise took place between the parties but at the time of signature, it transpires to this Court that the said compromise is not on record. It is due to this reason, this case was again put under heading orders for further hearing. Learned counsel for the petitioner submits that compromise petition has already been filed on 02.12.2022 but it has not been attached in the record by the office and it is due to this reason the learned counsel for the petitioner has made submission about Annexure-4. Physical copy has been filed today in the Court itself, the computer indicates that filing has already been made in the office.

Patna High Court CR. MISC. No. 31023 of 2022(3) dt.07-12-2022 2/3 The petitioner seeks regular bail in connection with Jalalgarh P.S. Case No. 35 of 2022 lodged under Sections 341, 323, 324, 325, 354, 379, 307 and 504/34 of the I.P.C. Learned counsel for the petitioner submits that the present case has been filed as counter blast case as present case has been filed by the wife of accused no.1 as Jalalgarh P.S. Case No. 36 of 2022. He further submits that in the year 2015 daughter of petitioner has also filed complaint case against the informant of Jalalgarh P.S. Case No. 35 of 2022 under Section 498A, 406 of I.P.C. and 3/4 of D.P. Act. He also submits that the petitioner is Samdhi of informant.

Learned counsel for the petitioner submits that independent from the allegations made, the petitioner has entered into settlement with the complainant and now all the grievances between the parties has settled.

Learned counsel for the informant submits that there is no contest now left in the light of the joint compromise filed by them before the court of competent jurisdiction. Counsel for the State submits that the submission made by the petitioner is hereby agreed.

In the present facts and circumstances of this case and the submissions made above and in the light of the end dispute between them, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand)

Patna High Court CR. MISC. No. 31023 of 2022(3) dt.07-12-2022 3/3 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with Jalalgarh P.S. Case No. 35 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T