Balister Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85858 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== BALISTER MIAN Son of Hadish Miyan Resident of Village - Matiyaria, P.S. - Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 228 of 2019, registered for the offence punishable under Sections 341, 323, 324, 307, 354B, 379, 504 and 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having had some altercation with the informant and his family members whereafter they are said to have assaulted the informant and his family members. As far as the petitioner is concerned, he is alleged to have given a farsa blow on the head of the daughter-in-law of the informant, namely, Latifan Khatun resulting in injury on her person.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.85858 of 2019(3) dt.14-01-2020 2/2 both the parties are close agnates and the incident, if at all, had taken place on the spur of the moment and in fact, subsequently, the matter has been settled amicably as would be apparent from the compromise petition annexed as Annexure-3 to the present petition. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 15.10.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that the petitioner is languishing in custody since 15.10.2019, he is having a clean antecedent and a compromise is stated to have taken place amongst the parties, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 228 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T