Imran @ Md. Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12924 of 2019 Arising Out of PS. Case No.-812 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== IMRAN @ MD. IMRAN Son of Md. Samiullah Resident of Mohalla - Kalibag, Miskar Toli, P.S.- Bettiah Town (Kalibag O.P.), District - West 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.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 17.09.2018 in a case registered for the offence punishable under Sections 341, 323, 324, 307, 387, 379, 447/34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 15.09.2018 submitted by Md. Shamsher to the Station House Officer, City Town Kalibagh (O.P.) Police Station, Bettiah is to the effect co-accused Md. Irfan demanded extortion of Rupees Two Lacs. On protest being made, he was given life threatening. On 14.09.2018 at 8.00 P.M. during Muharram procession, co-accused Md. Irfan along with four other accused persons came variously armed and
Patna High Court CR. MISC. No.12924 of 2019(2) dt.05-03-2019 2/3 again demanded extortion, on refusal of the same, co-accused Md. Irfan assaulted on the abdomen of the brother of the informant, Md. Rehan with knife, whereas, petitioner Md. Imran and co-accused, Taj Imam assaulted on the neck of the mother of the informant with knife and handle of hand pump. It is further alleged that co-accused Sahnawaz and Arman assaulted on the thigh and hand of the father of the informant with knife, whereas Md. Irsad assaulted on the hand of the informant with knife. It is further alleged that co-accused Md. Irfan resorted to fire on the head of the informant, but it did not hit anyone. The accused persons also took away cash amount of Rs.28,000/- and jewellary from the house of the informant.
It is submitted by learned counsel for the petitioner that the petitioner alleged to have assaulted the mother of the informant, though she has received two injuries, but out of two injuries one has been found simple in nature, while the opinion with regard to second injury has been kept reserved till the availability of X-ray report. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that there is
Patna High Court CR. MISC. No.12924 of 2019(2) dt.05-03-2019 3/3 specific accusation against the petitioner to have assaulted the mother of the informant.
Considering the fact that the injury has been found simple in nature, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 CJM, West Champaran, Bettiah, in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 812 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T