Md. Mahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40673 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Md. Mahir Son of Late Abdul Matlib, R/o Village- Bankepur, P.S.- Balrampur, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Balrampur P.S. Case No. 123 of 2017 registered for offences under sections 323, 341, 354, 452, 307, 379/34 of the Indian Penal Code.

An allegation has been made against the petitioner to have caused injury on the forehead of the victim which has been recorded by the Sessions Judge in his order.

Learned counsel for the petitioner submits that earlier there was an injury report of the doctor of grievous injury but, after fifteen days, the doctor has given another injury report showing that the injury not grievous in nature. He has given his

Patna High Court Cr.Misc. No.40673 of 2017 (2) dt.19-09-2017 own reasoning.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of four weeks from today and prays for bail, the court below, on the same day of appearance itself, will consider the prayer for bail and will pass an order in accordance with law without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T