Altaf Hussain @ Altab Hussain And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12759 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- AMDABAD District- Katihar ======================================================

1. Altaf Hussain @ Altab Hussain, S/o Tafijul Haque,

2. Nausad Ali, S/o Najrul Haque @ Najrul Haji,

3. Manirul Haque @ Maniruddin, S/o Late Muslim, All are R/o Jhola Bathna, P.S.- Amdabad, Distt- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Amdabad P.S. Case No. 164 of 2017 instituted for the offence under Sections 341,323,307/34 of the IPC and Section 27 of the Arms Act. It is alleged in the written report that on the date of occurrence, in the night, when sixteen years old daughter of the informant had gone for call of nature, this petitioner with other accused persons surrounded her and caused fire-arm injury near her abdomen and when she raised alarm, all the accused persons fled away. Injury report is available in the case diary, wherein, doctor has found one lacerated wound over right side of lower chest (3'' x 1/2'' x SD) with charing around wound on right

Patna High Court Cr.Misc. No.12759 of 2018(3) dt.10-04-2018 2/2 forearm caused by fire-arm, which was opined by the doctor to be simple in nature.

There is specific allegation against the petitioner of causing injury to a sixteen years old girl. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T