Patna High CourtCR. MISC./11218/2017bail granted

Munna Mian v. The State Of Bihar

2017-03-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11218 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munna Mian, Son of Baru Mian, Resident of Bharwalia, P.S. Manjhaulia, District : West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Shrivastava, Advocate.

For the Opposite Party : Mr. Anand Mohan Prasad Mehta, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-03-2017 Heard both sides.

The petitioner apprehends his arrest in Majhaulia P.S. Case No. 325 of 2016, registered for the offences punishable under Section 308 and other Sections of the Indian Penal Code. The informant named seven persons including the petitioner and alleged that on the order of Ekram Mian, Mustkim Mian assaulted him with Pharsa on his head. Mustkim Mian has given second blow on his head. When the family members of the informant came to save Sagar Mian, Hoda Mian, Baru Mian and Mustkim Mian assaulted them with Lathi and iron rod. The petitioner Munna Mian is alleged to have torn the cloth of Bhukhi Khatoon.

Learned counsel for the petitioner submits that on

Patna High Court Cr.Misc. No.11218 of 2017 (2) dt.28-03-2017 2/2 account of land dispute the petitioner has falsely been implicated in the case. Sakila Begam, the wife of Mustakim Mian lodged Majhaulia P.S. Case No. 324 of 2016 against the informant and others.

Considering the facts aforesaid and the fact that there is case and counter case and there is no specific allegation of assault against the petitioner, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Bettiah, West Champaran in Majhaulia P.S. Case No. 325 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T