Daud @ Daud Rahman Kausar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17017 of 2024 Arising Out of PS. Case No.-169 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== Daud @ Daud Rahman Kausar son of Late Rahman Vill- Ghiyagaon PSPothia District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 448 and 380 of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that he assaulted her by a weapon causing injury on her head. It is further submitted that the informant does not disclose that by what weapon the petitioner assaulted her, which casts an aspersion on the case of the prosecution, but then from perusal of the impugned order, it manifests that the injured was sent for CT scan.

4.

The learned APP submits that since the injured was

Patna High Court CR. MISC. No.17017 of 2024(2) dt.04-04-2024 2/2 sent for CT scan, that amply demonstrates that the injury suffered by the injured on vital part of the body, i.e., head, was grievous, on which the learned counsel for the petitioner submits that the nature of injury is not disclosed in the impugned order nor the blow was repeated.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pothia P.S. Case No. 169 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6.

However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the injured and in the event, if it is found that the injury suffered by the injured on head was grievous, in that event, the present anticipatory bail shall not be given effect.

(Satyavrat Verma, J) SUMIT/- U T