Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30246 of 2018 Arising Out of PS. Case No.-72 Year-2016 Thana- BENIPATTI District- Madhubani ====================================================== Md. Saddam, Son of Attaur Rahman, Resident of Village- Ganguli, P.S.- Benipatti, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Benipatti P.S. Case No. 72 of 2016 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 427, 302 of the Indian Penal Code.

Informant is the widow of victim, who in her fardbeyan has stated that on account of some dispute of Buffalo causing damage to the paddy crop of petitioners, buffalo was tied by informant, when petitioners came to release said Buffalo, some altercation took place between them and there is specific allegation against Md. Atauar Rahman causing assault by hard blunt substance on the head of

Patna High Court Cr.Misc. No.30246 of 2018(4) dt.13-08-2018 2/2 husband of the informant resulting in his death. There is allegation against the petitioner of causing assault to the husband of the informant subsequently when he fell down. As per post-mortem report there is only one injury on head resulting in death of husband of informant.

It has been submitted that there is no specific allegation of assault against petitioner on any vital part of the body and he has no criminal antecedent and is in custody since 15.11.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 72 of 2016.

(S. Kumar, J) veena/- U T