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Patna High CourtCR. MISC./55293/2017bail granted

Md. Nasim v. The State Of Bihar

2017-11-27Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55293 of 2017 Arising Out of PS.Case No. -330 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Md. Nasim, son of Md. Abbas, Resident of Village- Chakorwa, (Sonapur) Ward No. 15, P.S.- Narpatganj (Bathnaha), District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 27-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Narpatganj (Bathnaha) P.S. Case No.330 of 2017 registered under Sections 147, 341, 342, 504, 506, 354(B), 307 and 379 of the Indian Penal Code.

The accusation is that all the 6 accused, named in the F.I.R., including the petitioner, due to old dispute, seeing the informant alone started to abuse. When the informant made protest, this petitioner chased the informant and entered into her house and catching hold of the informant, dashed her on the ground and torn her cloths. Thereafter, this petitioner dragging the

Patna High Court Cr.Misc. No.55293 of 2017 (2) dt.27-11-2017 2/3 informant took her to his house and caused injury at the head and both elbows of the informant through iron rod and Fatta. At that time, the husband and sister-in-law of the informant was also assaulted. In that course, the silver and gold ornaments, worth Rs.15000/- of the informant, were taken by this petitioner. Learned counsel for the petitioner submits that the petitioner and the informant are agnates. In fact, the husband of the informant entered into the house of the petitioner and tried to outrage the modesty of the wife of the petitioner. In that course, there was hot exchange of words in between them regarding which on the basis of the written report of the wife of the petitioner, Narpatganj (Bathnaha) P.S. case No.

335 of 2017 under Sections 341, 323, 354(B), 448, 307, 504 and 379 of the Indian Penal Code was also instituted. Moreover, out of the three injuries, as found on the person of the informant, two is caused by sharp cutting weapon and one is caused by hard and blunt substance, and all the injuries are simple in nature. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)

Patna High Court Cr.Misc. No.55293 of 2017 (2) dt.27-11-2017 3/3 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Narpatganj (Bathnaha) P.S. Case No.330 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T