Md. Abid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12543 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -BARHARA District- PURNEA ======================================================

1. Md. Abid, Son of Md. Sirajul, Resident of Village- Megurjan, Police Station- Barhara, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Hussain For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2017 Heard both sides.

The petitioner seeks bail in Barhara P.S. case No. 177 of 2016 under Section 307 and other Sections of the Indian Penal Code.

The informant, Nazmun Khatoon, named 10 persons and alleged that they, having armed with different weapons, came to the house of informant and complained that her husband encroached upon their lands and constructed a thatched house. The accused persons assaulted the informant and others. The petitioner is alleged to have assaulted the informant with a piece of bamboo on her head.

The learned counsel for the petitioner submits that on account of land dispute the occurrence took place. The petitioner is alleged to have assaulted the informant with bamboo stick and one injury was found on the head. The injury is opined to be

Patna High Court Cr.Misc. No.12543 of 2017 (3) dt.24-04-2017 2/2 grievous on account of haematoma under the head. The informant is hale and hearty and recovered fastly. The petitioner is in jail since 18.09.2016. The petitioner has already remained in jail for seven months.

The learned Additional Public Prosecutor as well as the learned counsel for the informant opposed the prayer for bail. It appears that on account of land dispute the occurrence took place. The petitioner is alleged to have assaulted the informant with bamboo stick on her head but only one injury, of course grievous in nature, is found, there is no repetition of blow and petitioner has already remained in jail for more than seven months.

Considering the facts aforesaid, the above named petitioner is directed to 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 Sri P. K. Bharti, learned Judicial Magistrate, 1st class, Purnea in Barhara P.S. Case No. 177 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T