Patna High CourtCR. MISC./46961/2014rejected

Md. Kalim And ORS. v. The State Of Bihar

2015-04-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46961 of 2014 Arising Out of PS.Case No. -290 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Md. Kalim S/o Md. Ishaq

2. Md. Salim @ Pappu S/o Md. Ishaq

3. Md. Natho S/o Late Warsali Miyan

4. Md. Siraz S/o Md. Natho

5. Md. Naseem S/o Md. Mustaqeem

6. Md. Jaseem S/o Md. Mustaqeem All are Resident of Village Rajapur, Ward No. 08, P.S. Muffasil, (Singhoul O.P.), District Begusarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amresh Kr. Verma For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under sections 147, 148, 149, 447, 498A, 341, 323, 324, 337, 307, 379, 504 and 506/34 of the Indian Penal Code as also sections 3/4 of the Dowry Prohibition Act this Court on perusal of the injuries as alleged in the F.I.R. to have been substantiated by the doctor on the person of three persons, namely, Md. Iliyas, Md. Mokim and Md. Irshad, is not inclined to grant privilege of anticipatory bail to the petitioners even if there was a case filed by the petitioners for the same offence. Learned counsel for the petitioners in fact has failed to produce even a single injury

Patna High Court Cr.Misc. No.46961 of 2014 (2) dt.23-04-2015 report on the side of the petitioners which could have given at least some credence in the allegation made in the counter blast version of the petitioners.

Be that as it may, this Court is not inclined to grant privilege of anticipatory bail to the petitioners in such an offence where three persons have received injuries on their person in the hands of the petitioners. thus the prayer for anticipatory bail of the petitioners is, hereby, rejected.

The petitioners may surrender and make prayer for regular bail which shall be considered on its own merits without being prejudiced by anything said in the present order. (Mihir Kumar Jha, J) surendra/- U