Dabir Ahmad @ Mohd. Dabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15626 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== DABIR AHMAD @ MOHD. DABIR, S/O LATE MD. HARUN, R/O WARD NO. 09, JOGIA HARI NAGAR WEST CHAMPARAN, BIHAR, P.S.- RAM NAGAR, DISTRICT- WEST CHAMPARAN.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Shukla For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ram Nagar P.S. Case No. 193 of 2016 registered under Sections 147, 148, 149, 341, 323, 448, 324, 307, 504 and 506 of the Indian Penal Code, pending in the court of Sub-Divisional Judicial Magistrate, Bagha.

The accusation is that 17 persons named in the F.I.R. including the petitioner variously armed with weapons came at the door of the informant and started to abuse him and asked to withdraw the case, other wise whole family members will be killed. When Ansur Rahman, father of the informant,

made protest then on the order of co-accused Tahir Hussain, this petitioner opened fire through his illegal arm whereas Tahir Hussain also opened fire on Sabir and tried to outrage the modesty to the female members of the informant in the house. At that time, co-accused, Akthar gave farsa blow at the head of Sanaullah, uncle of the informant.

Learned counsel for the petitioner submits while Johri Begam was being outrage her modesty by the informant of the present case along with Sadre Alam and Atiullah, on which, Tahir Hussain made protest then informant and others opened fire, in which, petitioner sustained grievous injury but only to put undue pressure, the informant has lodged the present case with false allegation. Further submission is that it has come in paragraph 109 of the case dairy that Tahir Hussain had opened fire at that time.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without

being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T