Krishna Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35856 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== Krishna Bhuiyan Aged about 45 years (Male), Son of Ramji Bhuyian, Resident of Village - Ghatrain Bhuiyan Bigha, P.S. - Madanpur District : Aurangabad ( Bihar ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Bachan Jee Ojha For the Opposite Party/s :

Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-06-2019 Heard Sri Bachan Jee Ojha, learned counsel for the petitioner and Sri Binod Kumar, learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 17.03.2019 as stated in paragraph 10 of the petition, has prayed for grant of bail in connection with Madanpur P.S. Case No. 57 of 2019, registered for the offence under Section 341, 323, 447, 307, 379, 504, 506, 34 of the Indian Penal Code, 1860. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph 3 of the petition to show that petitioner is having clean antecedent. He has also drawn my attention to Annexure- 2 to the petition i.e. copy of F.I.R. in Madanpur P.S. Case No. 60 of

Patna High Court CR. MISC. No.35856 of 2019(2) dt.04-06-2019 2/2 2019 in which husband of the informant of the present case namely, Gora Bhuiya was arrayed as an accused. It has been argued that there was case and counter case in between the parties and in respect of injury found on the person of the injured, allegedly assaulted by the petitioner, no specific finding has been given by the doctor.

Sri Binod Kumar, learned Additional Public Prosecutor has opposed the prayer for bail. However, considering the fact that there was case and counter case in between the parties and also the nature of accusation, let the petitioner - Krishna Bhuiyan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad / concerned court in connection with Madanpur P.S. Case No. 57 of 2019.

(Rakesh Kumar, J) praful/- U T