Patna High CourtCR. MISC./33772/2017bail granted

Md. Abdul v. The State Of Bihar

2017-09-18Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33772 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Md. Abdul Son of Md. Rakib R/o Village- Jabar, P.S. Baisi, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Baisi P.S. Case No. 139 of 2016 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while her husband was coming home four persons assaulted him. Allegation upon the petitioner is that he assaulted the husband of the informant by means of farsa on the head. It has been submitted by the learned counsel for the petitioner that he is innocent, the matter relates to civil dispute between the parties and for the same occurrence earlier the

Patna High Court Cr.Misc. No.33772 of 2017 (4) dt.18-09-2017 2/2 informant's side resorted to assault, for which Baisi P.S. Case No. 135/2016 was lodged on 28.08.2016. He submits that the present case for the same occurrence has been lodged after five days and the informant's husband was treated in the hospital and discharged after five days and injury is said to be caused by hard, blunt substance. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 139 of 2016, subject to the condition that both the bailors would be close relatives of the petitioner. (Nilu Agrawal, J) Rajesh/- U T