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Patna High CourtCR. MISC./54784/2022bail granted

Md. Kamruzzama @ Munna v. The State Of Bihar

2023-01-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54784 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== MD. KAMRUZZAMA @ MUNNA Son of Md. Islam Resident of Village - Jhitkiya, P.s.- Singheshwar, Distt.- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Singheshwar P.S. Case No. 285 of 2021 under sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code. As per the prosecution story, the informant alleged that some altercation took place between the husband of the informant and the petitioner and infuriated by that, 'Garasha' blow was given by the petitioner on the head causing injury. Further allegation is snatching of amount.

Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.54784 of 2022(2) dt.18-01-2023 2/3 to altercation between the parties, some scuffle took place which has been given the colour of 'Garasha' blow and as manifest from the injury report that the same has been found to be simple in nature. He however submits that irrespective of outcome of the present case, as a medical assistance, he would like to contribute Rs. 10,000/- to the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of the concerned Court after checking the credential.

The learned APP opposes the prayer stating that the injury has been found on the head of the informant's husband. Taking into account the aforesaid fact that the petitioner do not have criminal antecedent, the injury has been found to be simple, he would be cooperating in the investigation and ultimately will have to face the trial, this Court is inclined to grant him the privilege of anticipatory bail subject to payment of Rs. 10,000/- as stated above.

Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura,

Patna High Court CR. MISC. No.54784 of 2022(2) dt.18-01-2023 3/3 in connection with Singheshwar P.S. Case No. 285 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T