Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16340 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Kadir Son of Mehruddin, Resident of village - Ufrail, Police Station Balrampur, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Smt. Pronati Singh For the Informant : Mr. Suresh Prasad Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 The petitioner is apprehending his arrest in connection with Balrampur P.S. Case No. 155 of 2016, registered for offences punishable under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner that he assaulted one Hasmati Begum by means of Karda (a sharp cutting weapon), which caused injury on the head of said Kasmati Begum and further assaulted on one Tajir, whose injury was found to be simple in nature. It has further been submitted that there case and counter case between the parties in the backdrop of land dispute. Father of the petitioner has also received grievous injury. Learned counsel for the State and learned counsel for the

Patna High Court Cr.Misc. No.16340 of 2017 (2) dt.08-04-2017 2/2 informant opposed the prayer for bail and submitted that there is allegation against the petitioner of assault on Hasmati Begum, which caused grievous injury to her.

Having heard both sides, in view of the facts and circumstances of the case and also in view that injuries caused to the injured from the assault of petitioner, was found to be grievous in nature, as such, in my opinion, this is not a fit case for grant of anticipatory bail, let petitioner surrender before the court below and pray for regular bail and if any such application is filed, the court below after considering the submissions of learned counsel for the petitioner and also after considering the materials available on record, shall pass an appropriate order, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T