Affan @ Md. Affan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9274 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Affan @ Md. Affan, Son of Abdul Hannan, Resident of VillageSabeya, P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-03-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Ramnagar P.S. Case No.192 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 354, 506, 302 Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the written report that three persons were teasing one Johari Begum. The informant raised objection then all these three persons, namely, Sadare Alam @ Munna, Masum Reza and Aliullah @ Mufli, assaulted the informant with lathi, danda causing injury to him. It is alleged that when Sk. Anwarul, Wadiuzazaman, Md. Dawir and Merazul Haque came to save the informant, they were also assaulted by those persons
Patna High Court Cr.Misc. No.9274 of 2017 (3) dt.24-03-2017 2/3 and eleven other accused as named in the First Information Report with lathi, danda, katta etc. Sk. Anwarul was brutally assaulted and after sustaining injury he became unconscious. Brother of the informant, Wadiuzzaman, and cousin of the informant, Md. Dawir, were also assaulted. Sk. Anwarul, Wadiuzzaman, and Md. Dawir were referred to Bettiah hospital. Case diary has been received.
Statement of the victim girl was recorded under Section 164 Cr. P.C. as well as Section 161 Cr. P.C. The victim girl in her statement under Section 164 Cr. P. C. in Court has not levelled any specific allegation against this petitioner. Similarly, in the statement of other witnesses also, there is no allegation of specific overt act against the petitioner. It is mentioned in the Post Mortem Examination Report of Sk. Anwarul that he sustained two injuries caused by hard and blunt substance. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ramnagar P.S. Case No.192 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial
Patna High Court Cr.Misc. No.9274 of 2017 (3) dt.24-03-2017 3/3 Magistrate, Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T