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Patna High CourtCR. MISC./53848/2017partly allowed disposal

Atiqur Rahman @ Sobrati Master @ Md. Sobrati And ANR v. State Of Bihar And ANR

2017-11-09Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53848 of 2017 Arising Out of PS.Case No. -354 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Atiqur Rahman @ Sobrati Master @ Md. Sobrati, son of late Sheikh Aziz.

2. Tafizul Malik @ Munna, son of Sobrati Master Both Resident of Village-Sukhidih, P.S.-Banjaria, District-East Champaran. .... .... Petitioner/s

Versus

1. State of Bihar

2. Sagir Ahmad, son of Sheikh Manjhi, resident of Village-Sukhidih, P.S.- Banjaria, District-East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners. No one appears for the State.

Petitioners are seeking anticipatory bail in connection with Turkaulia (Banjaria) P.S. Case No.354 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners and the informant are neighbours and own Gotiyas, they had a fight over a construction of house and both the parties

Patna High Court Cr.Misc. No.53848 of 2017 (2) dt.09-11-2017 filed case and counter case on the same day and in fact case lodged by the present petitioners is prior in time. Learned counsel further submits that there is a compromise also in order to create peace. He has relied upon Annexure-3 in this regard. He further submits that so far as petitioner no.1 is concerned, he is said to be the order-giver whereas the petitioner no.2 is said to have assaulted the informant on his head, but no injury is there. In the facts and circumstances, in case of arrest or surrender of the petitioner no.1 within a period of four weeks from today, he is directed to be enlarged on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia (Banjaria) P.S. Case No.354 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner no.2 is concerned, his prayer for anticipatory bail is rejected.

Patna High Court Cr.Misc. No.53848 of 2017 (2) dt.09-11-2017 compromise.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Arvind/- U T