Md. Intezar Shekh @ Intezar Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39962 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Md. Intezar Shekh @ Intezar Shekh S/o Majbul Shekh, Resident of Village-Bela Mobarakpur, P.S. Sonbarsa, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.

The petitioner apprehends his arrest in Sonbarsa P.S. Case No. 107/2016 registered under Section 307 and other sections of the Indian Penal Code.

The informant named eight persons including the petitioner Intezar Shekh and alleged that all the accused persons came and began to abuse his mother. When the informant came, the accused persons Zulfkar Shekh and Samsad tied a towel around his neck and Intezar (the petitioner) took out a dagger and assaulted the informant just below his left eye. Learned counsel for the petitioner submits that the petitioner is innocent. There is a counter-version being Sonbarsa P.S. Case No. 104/2016. The doctor found three injuries on the person of Safdar Ali. The injuries are alleged to have been caused

Patna High Court Cr.Misc. No.39962 of 2016 (2) dt.21-09-2016 2/2 by hard and blunt object. Redness of left eye was found which h is opined to be grievous in nature but there is no injury caused by a sharp penetrating weapon such as knife. The petitioner is alleged to have assaulted the informant with the knife which hit just below his left eye but the doctor did not opine about the injury and found only redness of eye which is opined to be grievous in nature and the petitioner appears to be the author of that injury. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sonbarsa P.S. Case No. 107 of 2016. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T