Imamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3882 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -BALRAMPUR District- KATIHAR ====================================================== Imamuddin, S/o Abdus Subhan, resident of village- Bagdogra, Police Station- Balrampur, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad, Advocate For the Opposite Party/s : Mr. Ashok Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. It is alleged that in the background of dispute with regard to measurement of the land, the petitioner, his son and his wife assaulted with bricks on the head of the wife of the informant and taken away the jewellary worth Rs 17,000/-. It is submitted by the learned counsel for the petitioner that out of two injuries one sharp cut injury has been found on left parietal region, but the other is bodyache. Both are found to be simple in nature. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. It is further submitted that the Chief Medical Officer granted a certificate subsequently. The injury no. 1 is found to be grievous, since

Patna High Court Cr.Misc. No.3882 of 2015 (2) dt.29-01-2015 the accusation is omnibus and general against all the three persons and the occurrence took place in the background of land dispute.

Considering the aforesaid facts and the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. Case No. 30 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T