Mahfooz v. The State Of Bihar

Patna High Court Cr.Misc. No.28530 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28530 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Mahfooz Son of Late Kare Resident of village Bardenga, P.S. Mahgaon, District Araria..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jokihat (Mahalgaon) P.S. Case No. 99 of 2015 registered for the offence punishable under Sections 452, 341, 323, 324, 354 (B), 307 of the Indian Penal Code.

Supplementary affidavit has been filed on behalf of the petitioner which has been taken on record.

The allegation against the petitioner is that when the informant was sleeping in her house with her baby Sanobar, he put his hand on the body of her baby and then she cried and the informant caught his hand and then in the meantime the petitioner gave knife blow thrice causing injury to her baby.

Submission is of false implication and that the matter has been compromised and to this extent compromise petition has been filed. Three injuries have been found on the person of the victim, out of

Patna High Court Cr.Misc. No.28530 of 2015 (3) dt.27-10-2015 that injury no. (ii) and (iii) were caused by hard blunt object and injury no. (i) is also skin deep and all are simple in nature. The petitioner is aged about 70 years and is suffering in custody since 15.05.2015. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence to which learned APP opposes but learned counsel appearing in behalf of the informant submitted that the matter has been compromised.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 99 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U