Md. Nazir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10089 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -RIVILGANJ District- SARAN ====================================================== Md. Nazir Hussain, Son of Md. Abdul Gani, resident of Village Inaee, Police Station- Revilganj, District- Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Srivastva For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Revelganj P.S. Case No. 149 of 2016 instituted for the offence under sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

It is alleged in the written report that this petitioner has illicit relationship with the wife of the informant. On protest, the wife of informant, his father-in-law, co-accused Ramjan ali and this petitioner started abusing him and on the order of his wife, this petitioner assaulted the informant with Daab causing injury on his head.

The learned Sessions Judge has stated in the impugned order that a sharp cut wound in the middle of scalp of

Patna High Court Cr.Misc. No.10089 of 2017 (2) dt.09-03-2017 2/2 the informant has been found besides other two abrasions. There is specific allegation of overt act against this petitioner. In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. However, the petitioner is directed to surrender before the court below and seek regular bail which shall be considered and disposed off on its own merit without being prejudiced by this order. (Sanjay Priya, J) Ravi/- U T