Md. Domi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28321 of 2016 Arising Out of PS.Case No. -454 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Md. Domi son of Md. Halim resident of village - Mehsouri, P.S. - Muffasil, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-07-2016 Heard Sri Ram Sumiran Rai, learned counsel for the petitioner and Sri Ajay Kumar Jha, learned A.P.P. The sole petitioner, who is named as accused in connection with Khagaria (Muffasil) P.S. Case No. 454 of 2015 registered for the offence under section 307 and other allied sections of the Indian Penal Code and against whom there is specific accusation of giving farsa blow, has approached this court for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that on perusal of the F.I.R. itself it is evident that informant is non else but own brother of the petitioner and he has arrayed his father and other brother in the present case as accused. He submits, by way of referring to the impugned order i.e. order

Patna High Court Cr.Misc. No.28321 of 2016 (3) dt.27-07-2016 2/2 dated 26.5.2016 passed by the learned sessions judge that while rejecting the prayer for bail of the petitioner the learned session judge has noticed that other some of the accused persons have been extended the privilege of anticipatory bail on the ground that in between the parties compromise has already arrived. In view of the fact that other accused persons have been extended the privilege of anticipatory bail and the fact that petitioner is own brother of the informant, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Md. Domi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 454 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) Praful/- U T