Irfan @ Irfan Hussain And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34483 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Irfan @ Irfan Hussain, Son of Late Jalil Miyan.

2. Adir Hussain @ Abid Hussain, Son of Late Jalil Miyan, All of R/o Village- Sirkhiriya, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2018 Heard both sides.

The petitioners apprehend their arrest in Runnisaidpur P.S. case No. 123/18 under Sections 341, 323, 308, 379 and 385/34 of the Indian Penal Code.

Mrs. Rina Devi, the informant, alleged that Irfan, petitioner no. 1, came to her shop and hurled abusive and obscene language towards her daughter. When the informant object to Abid Hussain also abused her calling her prostitute. Other accused person also came and assaulted the informant and her daughter. The learned counsel for the petitioners submits that on account of some disputes with regard to purchase of some articles from the shop of the informant the occurrence took place.

Patna High Court Cr.Misc. No.34483 of 2018 (2) dt.03-07-2018 2/2 The informant got simple injury. The daughter of the informant also got three injuries but all injuries are simple in nature. Taking into consideration the facts that informant alleged that both the petitioners came to her shop and hurled vulgar language pointing towards her daughter and when the informant objected both the petitioners assaulted the informant and her daughter. As many as six injuries are found on the person of informant and three injuries are found on the person of daughter of informant.

Considering the facts and nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. If the petitioners surrender in the court below, the learned Court below shall consider the prayer for regular bail of the petitioner taking into consideration that some accused persons have been granted regular bail. .

(Prabhat Kumar Jha, J) BKS/Rajan U T