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Patna High CourtCR. MISC./15583/2017dismissed

Md. Rasid Ansari @ Rasid Ansari v. State Of Bihar And ANR

2017-04-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15583 of 2017 Arising Out of PS.Case No. -1413 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ====================================================== Md. Rasid Ansari @ Rasid Ansari, son of Majo Mian, resident of village Mahuwa Tanr, Islam Nagar, P.S. Khaira, District Jamui .... .... Petitioner

Versus

1. The State of Bihar

2. Shahjadi Khatoon, w/o Mohib Ansari, resident of Sitamodih (Gadhi) P.S. Khaira, District Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate with Mr. Anuj Kumar, Advocate For the Informant : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Complaint Case No. 1413-C of 2012 lodged for the offences punishable under Sections 323, 313, 448, 324 and 109 of the Indian Penal Code.

Allegation against the petitioner is that he has assaulted the injured Sahjadi Khatoon, opposite party No.2, causing miscarriage of her pregnancy and also causing injury on her person.

It has been submitted on behalf of the petitioner that there is delay in lodging the complaint and even if the allegation made in the complaint petition is accepted as true, there is no

Patna High Court Cr.Misc. No.15583 of 2017 (3) dt.20-04-2017 2/2 intention of the petitioner to cause injury on her and, as a matter of fact, the injured intervened in the scuffle between the parties and, as such, she received injuries and if the petitioner is granted bail he will abide by any condition that may impose by this Court. Heard learned APP and learned counsel for the informant also. Learned counsel for the informant has vehemently opposed the prayer for bail stating that apart from miscarriage of her pregnancy, Doctor has opined that in future she has become impotent as the injury was grievous in nature. Having heard both sides and considering the allegation, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

(Vinod Kumar Sinha, J) spal/- U