Mirza Asif Baig v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73273 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- JALE District- Darbhanga ====================================================== 1.
MIRZA ASIF BAIG S/o Late Mirza Pyare Baig @ Late Pyare Baig Residence of Village/Mohalla- Garri, P.S.- Jalley, District- Darbhanga. 2.
Mirza Danis Baig @ Jillel @ Jille @ Danish Baig S/o Mirza Babar Baig @ Babar Baig Residence of Village/Mohalla- Garri, P.S.- Jalley, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Heard learned counsel for the parties.
Petitioners are apprehending their arrest in connection with Jalley PS Case No.76 of 2019 , registered for offences punishable under Sections 147, 148, 149, 441, 323, 324, 307, 354, 448, 354B of the Indian Penal Code.
As per FIR, petitioner no.1 tried to outrage the modesty of the daughter of the informant and when she protested the informant was assaulted by the petitioner no.1 by dagger on head and again he assaulted the husband of the informant on neck . So far petitioner no.3 is concerned, there is allegation that he caught of the husband of the informant and others
Patna High Court CR. MISC. No.73273 of 2019(2) dt.19-11-2019 2/3 assaulted.
Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and both the parties have received grievous injuries and moreover in a counter case it is stated by the petitioners that the informant was running brothel and that was protested by these petitioners, as such the occurrence took place. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, as well as the fact that the petitioner no.1 has also received grievous injuries, as such let the petitioners, above named, surrender before the learned court below within a period of three weeks from the date of receipt of the order and on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM I, Darbhanga in connection with Jalley P.S.Case No.76 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition to co-operate in the investigation and and appear as and when required and further
Patna High Court CR. MISC. No.73273 of 2019(2) dt.19-11-2019 3/3 direction not to tamper with the evidence or threaten the parites or his family members. .
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T