Md. Mustakim Miyan @ Bauku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31711 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

MD. MUSTAKIM MIYAN @ BAUKU S/o Jalil Miyan R/o Village - Shiv Nagar Ward No. 9, P.S. - Triveniganj, District - Supaul. 2.

Sabina Khatoon @ Samina Khatoon Daughter of Jalil Miyan R/o Village - Shiv Nagar Ward No. 9, P.S. - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Patla Kumari, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.

Permission is accorded.

The petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 144, 149, 448, 504, 509, 341, 323, 308 and 379 of the Indian Penal Code. The informant alleges that on account of dispute relating to grazing of field by goats, the present occurrence took place in which all the accused persons assaulted and petitioner no.1 assaulted the husband of the informant by farsa on head

Patna High Court CR. MISC. No.31711 of 2022(2) dt.10-08-2022 2/2 causing injury.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is also submitted that there is a counter case from the side of the petitioner i.e., Triveniganj P.S. Case No. 261 of 2021, it is further submitted that the reason for the occurrence was trivial and the injury suffered by the husband of the informant is simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of his arrest or 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Triveniganj P.S. Case No. 258 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T