Jatah Mishra @ Sudhir Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49578 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- KARPI District- Jehanabad ====================================================== Jatah Mishra @ Sudhir Mishra, S/o Arvind Mishra, R/o Vill.- Sherpur, P.S.- Karpi, District- Arwal.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dineshwar Tiwary, Advocate.

For the Opposite Party :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 307 and 504 of the IPC.

The prosecution story, in brief, is that on 15.05.2018 at 1.10 P.M., while the informant had gone to pick up wood, in the mean time, the petitioner Jatah Mishra started abusing. On being objected, the petitioner assaulted with Axe on her head and left hand.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court Cr.Misc. No.49578 of 2018(3) dt.22-11-2018 2/2 in the present case. Grievous injury is said to be on non-vital part of the body of the informant. No offence under Section 307 of the IPC is made out. It is further submitted that the matter has already been compromised between the parties vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Arwal, in connection with Karpi P.S. Case No. 66 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T