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Patna High CourtCR. MISC./26864/2017rejected

Md. Aalam @ Md. Alam v. The State Of Bihar

2017-07-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26864 of 2017 Arising Out of PS. Case No. -24 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Md. Aalam @ Md. Alam Son of Late Abdul Martin Resident of Mohalla - L.N. Singh Lane, P.S. - Nath Nagar, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Nath-Nagar P.S. Case No. 24 of 2017 registered for offences under sections 341, 323, 307 & 34 of the Indian Penal Code.

As per allegation, on account of some family dispute, the petitioner caught hold the Informant and his wife assaulted the Informant with an intention to kill him.

Learned counsel for the petitioner submits that his wife has already been granted regular bail and there is only allegation against the petitioner of holding the Informant. For the present, this Court is not inclined to grant

Patna High Court Cr.Misc. No.26864 of 2017 (2) dt.13-07-2017 privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Md. Aalam @ Md. Alam is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today, the court below will consider his prayer for bail and will pass an order in accordance with law on the same day of surrender itself without being prejudiced by this order. The court below, while passing the order, shall take into consideration that the wife of the petitioner has already been granted bail and the injury, as alleged, is simple in nature.

(Shivaji Pandey, J) Rishi/- U T