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Patna High CourtCR. MISC./21974/2017bail granted

Jiyaul Ali And ORS v. The State Of Bihar

2017-06-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21974 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Jiyaul Ali, Son of Qayum Ali

2. Md. Murshid Ali @ Murshid Alam, son of Lliyas Alio

3. Danish Alam, son of Kari Fahim

4. Md. Sahabuddin

5. Nisarul Alam, Both son of Rahim Alam All are resident of VillaGE- Rohiyama, P.S.-Beldaur, DistrictKhagaria. Petitioners

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Singh, Advocate For the Opposite Parties : Mr. Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Beldaur P.S. Case No. 06 of 2017 (G.R. No. 40 of 2017) (G.R. 2266 of 2016), registered for the offences punishable under Sections 147, 148, 341, 323, 307, 504, 506 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused assaulted the informant and his family members with lathi, rod, spear and gadasa and when villagers came for rescue they were also assaulted by them. The tiles and windows of the house have also been broken.

Patna High Court Cr.Misc. No.21974 of 2017 (2) dt.19-06-2017 2/2 Submission is of false implication and that there is case and counter case, now good sense has prevailed between the parties, both parties have compromised the case and compromise petition has also been filed, no offence under Section 307 of the Indian Penal Code is made out and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. submits that from perusal of impugned order it reveals that the informant has filed compromise petition in this case and now good sense has prevailed between the parties.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Khagaria, in connection with Beldaur P.S. Case No. 06 of 2017 (G.R. No. 40 of 2017), subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T