Patna High CourtCR. MISC./25676/2015dismissed

Md. Rafi @ Md. Rafique And ORS v. The State Of Bihar

2015-07-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.25676 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25676 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -KORHA DistrictKATIHAR ======================================================

1. Md. Rafi @ Md. Rafique.

2. Md.Safi @ Md. Shafique. Petitioner no. 1 and 2 are sons of Saiyab Ali.

3. Md. Ashfaque son of Md. Safi @ Md. Safique.

4. Md. Rizwan son of Md. Rafi @ Md. Rafique. Petitioner no. 1 to 4 are resident of village Baijnathpur P.S.Korha District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2015 Heard both sides.

The petitioners apprehend their arrest in Korha P.S. Case No. 52 of 2015, registered for the offences punishable under Section 325 and other Sections of the Indian Penal Code. The petitioners are alleged to have assaulted the informant Kaushar Ali on his head.

It is submitted that the occurrence took place on 21.03.2015 but the FIR was lodged on 03.04.2015. Korha P.S. Case No. 44/2015 was lodged from the side of the petitioner. The case is compromised.

From perusal of the record it appears that the informant

Patna High Court Cr.Misc. No.25676 of 2015 (2) dt.16-07-2015 got two injuries on his head and one of which is grievous in nature as the bone of the head was fractured.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and the court below shall consider his prayer taking into consideration that the case is compromised.

(Prabhat Kumar Jha, J.) Rakhi/- U T