Jagdish Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36158 of 2016 Arising Out of PS.Case No. -257 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Jagdish Pandit Son of Parmeshwar Pandit Resident of village - Supi, P.S. Makhdumpur, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-09-2016 Both sides present.

The petitioner is facing prosecution in Makhdumpur P.S. Case No. 257 of 2015 registered under Sections 323, 341, 504, 506 and 307/34 of the Indian Penal Code. His own brother has lodged the case alleging that on the date of occurrence the petitioner assaulted him with iron rod on head. The injury sustained by the informant however is simple in nature.

It is stated that both parties are own brothers. There is a chance of amicable resolution of the dispute. The petitioner has no criminal antecedent.

Having heard the parties, I am inclined to extend him the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.36158 of 2016 (2) dt.28-09-2016 2/2 Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M. Jehanabad in Makhdumpur P.S. Case No. 257 of 2015 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds. During subsistence of his bail, if the petitioner is made accused in any offence like this perpetrated against his family members, the same shall constitute breach of condition of bail entailing cancellation of bail bond(s). (Kishore Kumar Mandal, J) rohit/- U T