Kapil Ahmad @ Kafil Ahmad v. The State Of Bihar

Patna High Court Cr.Misc. No.34091 of 2016 (2) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34091 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Kapil Ahmad @ Kafil Ahmad, Son of Late Bashir Ahmad, resident of Village- Siswan, Police Station- Barharia, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate. For the Opposite Party/s : Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhariya P.S. Case No. 240 of 2015 registered under Sections 341, 323, 324, 325, 307, 379 and 354/34 of the Indian Penal Code. The accusation is that on 25.072015 when the sister of informant was standing at her door, petitioner came and misbehaved with her. On raising alarm, his mother came out then petitioner assaulted her through bricks. When informant went to the house of petitioner to make protest then petitioner along with others assaulted through Dab, Saria and Lathi. In the meantime, petitioner caused Dab blow at the head of the informant. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.34091 of 2016 (2) dt.26-08-2016 occurrence took place due to land dispute and the petitioner also sustained injury, regarding which, Barharia P.S. Case No. 241 of 2015 has been instituted by the sister of informant. It is further submitted that petitioner has no criminal antecedent. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case 240 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T