Md Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17480 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.
MD SADDAM S/O- LATE HALIM RESIDENT OF VILL- MAHAMDA PATAM PS- NAYA RAMNAGAR DISTT -MUNGER 2.
Md. Kitabul son of Late Halim RESIDENT OF VILL- MAHAMDA PATAM PS- NAYA RAMNAGAR DISTT -MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Naya Ramnagar P.S. Case No. 151 of 2022 for the offence registered under sections 341, 323, 324, 380, 354, 448, 427, 504, 506 and 34 of the Indian Penal Code lodged on 14.08.2022 by the informant, Tabassum Khatoon.
Allegation in the FIR is that the minor daughter of the informant was going to bring grass and as she reached near Bandra Pokhar, Md. Babloo misbehaved with her It has been further recorded in the FIR that at about 10.30 AM., the relatives of Md. Babloo namely Noor Mohammad, Md. Kadir, Raj @
Patna High Court CR. MISC. No.17480 of 2023(2) dt.25-05-2023 2/3 Mangal, Md. Faisal, Md. Chandu, Md. Munna, Md. Masoom, Md. Saddam, Md. Kitabul, Md. Salauddin @Tattu armed with 'lathi', 'danda', 'rod', and 'garasa', arrived at the house of the informant and started assaulting the family members of the informant.
Grand mother of the informant namely, Noor Jahan Khatoon and mother of the informant namely Sahana Begum were assaulted badly and they became unconscious. The daughter of the informant also received injury as well. They also took away Rs. 45,000/- of Indra Awas and ear-ring and threatened the informant with dire consequences. In restatement, the informant has stated that on 11.08.2022, she has gone to Lakhisarai to meet her husband where she came to know that accused persons have assaulted her family members. She directly went to Sadar Hospital, Munger where she found her mother Sahana Khatoon, grand mother Noor Jahan Khatoon, daughter Aisa Khatoon were under treatment. Accordingly, the FIR.
Considering the fact that allegation is of brutally assaulting Sahana Khatoon and the injury as would reflect from the order of the learned Session Judge on the head is found to be grievous in nature, certainly this is not a fit for grant of
Patna High Court CR. MISC. No.17480 of 2023(2) dt.25-05-2023 3/3 anticipatory bail, which is accordingly rejected. However, if the petitioners surrender within a period of four weeks from today, the Court concerned shall take up the matter and dispose of the same without being prejudiced by any of the observation made therein preferably on the same day. (Rajiv Roy, J) Jagdish/Neha/- U T