Md. Anwar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34981 of 2014 Arising out of P. S. Case No. - 1115 Year - 2013 Thana - SITAMARHI District - SITAMARHI ======================================================
1. Md. Anwar, Son of Late Md. Sakoor
2. Md. Mumtaz
3. Md. Shafi
4. Md. Rafi, Petitioner No. 2 to 4 are Sons of Md. Anwar All resident of Village - Bhairo Kothi, P.S. - Sitamarhi, District - Sitamarhi .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.
It is alleged that there is specific allegation of overt act against all these petitioners of committing assault on the person of the informant and his family members. However, the injuries on the person of the injured are found to be simple in nature, though some of the injuries have been shown to be cause by sharp cutting object for which opinion has been reserved for want of X-ray.
Learned counsel for the petitioners submits that there is a case and counter case and the injuries were sustained by
Patna High Court Cr.Misc. No.34981 of 2014 (3) dt.22-04-2015 both the parties. He further submits that the parties are next door neighbour and the case has been compromised between them and a petition has been filed to that effect before the Sessions Judge. The occurrence is of the year 2013 but there is still no report regarding the opinion with regard to the injury reserved for want of X-ray report.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 1115 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
Kundan (Gopal Prasad, J.) U T