Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2976 of 2015 Arising Out of PS.Case No. -563 Year- 2014 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Md. Aslam son of Md. Salim resident of Village- Soti Bheriyahin, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate. For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the bail petition. Heard both sides.

The petitioner apprehends his arrest in Kanti (Panapur O.P.) P.S. Case No. 563 of 2014, registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code.

The informant alleged that while he was constructing his own thatch house Olihan Khatoon started quarreling but in the next morning Md. Muslim came and assaulted him with Tangi. When his mother came to rescue Md. Aslam, the petitioner assaulted her with Tangi on her head and on other parts of the body.

Patna High Court Cr.Misc. No.2976 of 2015 (2) dt.22-01-2015 Learned counsel for the petitioner submits that the dispute caused due to land dispute. The mother of the informant got two injuries one is lacerated and another is swelling, other two injuries are complain of pain. The doctor advised for CT scan. It appears that there is allegation against the petitioner that he assaulted the mother of the informant and two injuries lacerated and swelling were found, hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

The petitioner is directed to surrender and on such the learned court below shall consider the prayer for regular bail of the petitioner considering the facts that the injuries caused to the mother of the informant is superficial in nature. (Prabhat Kumar Jha, J.) KKSINHA/- U T