Md. Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2583 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

MD. KAISAR Son of Peer Mohammad R/v- Ramjanpur Dhabauli, P.s.- Begusarai Mufassil (Lakho) District- Begusarai 2.

NANHI KHATUN Wife of Md. Anwar R/v- Ramjanpur Dhabauli, P.s.- Begusarai Mufassil (Lakho) District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Begusarai Mufassil (Lakho OP) Police Station Case No. 281 of 2022 dated 03.06.2022, disclosing offences under Sections 341/323/307/379/354-B/504/506/34 of the Indian Penal Code.

The prosecution story, as per the First Information Report, is that due to digging of land, for repair of water pipe in front of house of the informant, a scuffle took place and it has been alleged that the petitioner no. 1 assaulted the informant by means of spade and petitioner no. 2 assaulted the mother of the

Patna High Court CR. MISC. No.2583 of 2023(2) dt.17-05-2023 2/3 informant by fist and slap.

Learned Counsel for the petitioners submits that both the parties are neighbour and there was a dispute between them on trivial issue regarding repair of water pipe. He next submits that the injuries caused to the informant are simple in nature, which would be evident from the impugned order. The petitioner no. 2 is a lady and both the petitioners have no criminal antecedents.

Regards being had to the submissions made on behalf of the parties and taking into consideration the material available on record and the fact that both the parties are neighbour and the dispute arose due to repair of water pipe, the petitioner no. 2 is a lady and injuries caused to the informant are simple in nature, accordingly, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate, Begusarai, in connection with Begusarai Mufassil (Lakho PO)

Patna High Court CR. MISC. No.2583 of 2023(2) dt.17-05-2023 3/3 Police Station Case No. 281 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U