Mantu Dom v. The State Of Bihar

Patna High Court Cr.Misc. No.50606 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50606 of 2017 Arising Out of PS.Case No. -205 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Mantu Dom Son of Late Baleshwar Dom Resident of Village/MohallaAligunj, Maheshpur, P.S.-Babbargunj, Distt.-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mojahidpur P.S.Case No.205 of 2017 registered for offences punishable under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault on head of the informant causing injury.

Submission of the learned counsel for the petitioner is that he is brother of the informant and due to old family dispute, the occurrence has taken place. He is in custody for about 2 1⁄2 months and the diary shows that no x-ray has been produced and the Doctor has found the injuries to be simple in nature. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.50606 of 2017 (2) dt.13-11-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Mojahidpur P.S.Case no.205 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T