Md. Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 52811 of 2015 Arising Out of PS.Case No. -548 Year- 2015 Thana -Sitamarhi District- Sitamarhi ====================================================== Md. Imran, son of Isa Rain, resident of Village- Rajopatti, P.S.- Sitamarhi, District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sitamarhi P.S Case No. 548 of 2015 registered for offences punishable under Sections 341, 323, 354, 379, 504, 427/34 of the Indian Penal Code.
The prosecution case is that on the date of occurrence the informant heard the sound of crying of her daughter Sabnam Parveen, who is dumb. She came outside and saw that Md. Imran (Petitioner) was removing her Salwar with bad intention. She raised 'hullah', then other accused persons Isha Rai, Chandani Khatoon and Afsana Khatoon arrived and abused the informant. They also pushed down the informant on the ground and assaulted with legs, fists, slaps, lathi danda etc. When the husband of the informant came to save he was also assaulted by lathi and danda. It is further alleged that Md. Imran (Petitioner) assaulted the informant with Kuilhari on her head in which the informant sustained injury in the her finger of right hand. Also the petitioner
Patna High Court Cr.Misc. No.52811 of 2015 (2) dt.02-12-2015 2/2 entered into the house and damaged the articles of the informant. It is further alleged that Md. Isha took away cash Rs. 10,000/- from the possession of the informant.
It has been submitted on behalf of the petitioner that present case is repercussion of the earlier case filed by the sister of the petitioner bearing Sitamarhi P.S. Case No. 33 of 2015 in which the injury report which finds place at Annexure 3 shows grievous injury. It is further submitted that the petitioner and the informant were on inimical terms. It is also submitted that the injury as alleged does not refer any cut injury on the finger as per injury report of the said daughter of informant. The petitioner has clean antecedent which finds place at paragraph 3 of this petition. Be that as it may, let the petitioner, namely, Md. Imran in the event of his arrest / surrender within a period of eight weeks from today before the Court below, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 548 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Nilu Agrawal, J) Prakash/- U T