Md. Warish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72010 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Md. Warish S/o- Md. Bakrid Resident of village- Sahsi Tola Dulihia PsAlauli District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner, and the learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 126, 115(2), 117, 109, 352, 351(2) of the Indian Penal Code.

3. The allegation in the FIR is that the informant was abused by the petitioner and his wife on account of a dispute with regard to breaking of the hand pump with a subsequent allegation of assault upon her by the wife of the petitioner.

4. Learned counsel for the petitioner submits that it would be evident from the FIR itself, that a dispute had arisen in the family with regard to a hand pump and the allegation of assault is mainly upon the wife of the petitioner. Further, a counter case was filed by the wife of the petitioner

Patna High Court CR. MISC. No.72010 of 2024(3) dt.07-08-2025 2/2 against the present informant and others. It is further submitted that it is basically a dispute between two brothers and the informant, who is the mother of the petitioner suffered injuries only on account of the fact that she came in between to intervene and thus received injuries. The FIR however was lodged after delay of three days. Subsequently, the parties have compromised the issues between them and the compromise petition has been brought on record by way of Annexure-3.

5. Learned APP for the State opposes the anticipatory bail.

6. Considering the facts and circumstances of the case, let the petitioner, in the event of his arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Alauli P.S.Case No. 263 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C .

(Soni Shrivastava, J) N.K/- U T