Mukarram @ Md. Mukarram Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40366 of 2019 Arising Out of PS. Case No.-291 Year-2018 Thana- BAUSI District- Purnia ====================================================== Mukarram @ Md. Mukarram Azad S/o Md. Mukhtar, R/o village- Habdang, P.S.- Baisi, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Baisi P.S. Case No. 291 of 2018 registered for offence punishable under sections 341, 323, 379, 384, 504, 506 of the Indian Penal Code.

The husband of the informant has been convicted under section 498A I.P.C. whereafter the husband and his brother illegally encroached upon the land of the father of the informant and started making construction over the said land. On objection, they have assaulted the informant. The learned counsel for the petitioner submits that there is no specific allegation made against this petitioner and already a civil suit, vide T.S. No. 11 of 2018, is pending

Patna High Court CR. MISC. No.40366 of 2019(2) dt.02-07-2019 2/2 between the parties that itself doubtful possession of the informant.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 291 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T