Murtaja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50505 of 2018 Arising Out of PS. Case No.-352 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Murtaja S/o Kasim , R/o Vill.- Daulatpur, P.S.- Jokihat, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana For the Opposite Party/s :
Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
The prosecution case, in short, is that accused persons including the petitioner armed with weapons assaulted the son of informant and also took away some cash.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties. The petitioner is alleged to have assaulted Tajuddin and Muntisir. The nature of injury is said to be simple. Hence, no
Patna High Court Cr.Misc. No.50505 of 2018(2) dt.28-09-2018 2/2 offence under Section 307 IPC is made out.
On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 352 of 2017, G.R. No. 3541 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T