Jamadar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64540 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Jamadar Miyan Son Of Samad Miyan Resident Of Village - Kathahan, P.S.- Mufassil Motihari, District - East Champaran. 2.

Sugadar Miyan @ Subedar Miyan Son of Samad Miyan Resident of Village - Kathahan, P.S.- Mufassil Motihari, District - East Champaran. 3.

Wajir Miyan @ Md. Wajir Ansari Son of Jamadar Miyan Resident of Village - Kathahan, P.S.- Mufassil Motihari, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including petitioners, variously armed entered into the house of the informant

Patna High Court CR. MISC. No.64540 of 2021(3) dt.23-08-2022 2/3 and assaulted the informant. The accused persons also assaulted the son, niece of the informant and also outraged the modesty of the daughter-in-law of the informant. The accused persons also snatched golden chain from the daughter-in-law of the informant. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case and in the background of some land dispute, the present F.I.R has been registered. The injury of the informant has been found to be simple in nature. Moreover, both the parties have compromised the matter. The compromise petition is annexed with the petition as Annexure-2 series. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail

Patna High Court CR. MISC. No.64540 of 2021(3) dt.23-08-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Class, Motihari, East Champaran in connection with Mufassil P.S. Case No. 70 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T