Md. Afsar Imam @ Md.Afasar Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10219 of 2016 Arising Out of PS.Case No. -438 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. MD. AFSAR IMAM @ MD.AFASAR IMAM Son of Late Sheob Imam Resident of Village- Tariama, Police Station - Bakhtiyarpur, District - Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda, Advocate For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506, 379/34 of the Indian Penal Code. The prosecution case is that the informant protested for fixing electric poll on his door, when co-accused Kaushar Imam, Fakir Imam and Asagar Imam ordered to kill the informant. All the three accused persons put rope around the neck of the informant and tried to throttle him and this petitioner assaulted with iron rod on the head of the informant but injury was caused on the head and eye of the informant. When the father of the informant came to rescue then he was also assaulted by the accused persons. When the sister-in-law

Patna High Court Cr.Misc. No.10219 of 2016 (2) dt.03-03-2016 of the informant came to rescue, she was also assaulted by the accused persons. Co-accused Maheshwar Imam took out Rs. 5,000/- and Afasar Imam took Rs. 3,000/- from the pocket of the informant.

It is submitted by the learned counsel for the petitioner that for a petty dispute accusation has been levelled. There is counter version of the occurrence. Injuries of the informant and father of the informant have been found to be simple in nature.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bakhtiyarpur P.S. Case No. 438 of 2015, pending in the court of learned Judicial Magistrate, Ist Class, Saharsa.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T