Patna High CourtCR. MISC./51247/2016dismissed

Md. Adil And ANR v. The State Of Bihar

2017-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51247 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Md. Adil

2. Md. Wahid Both sons of Md. Alle Hasan, resident of village-Chausima, Police StationMusari Gharari District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 379, 307 and 452/34 of the Indian Penal Code.

It is alleged that on the date of occurrence, petitioner along with four other unknown persons whom the informant could not identify, entered into the house of the informant and started assaulting her. Md. Adil (petitioner No. 1) assaulted the informant with lathi on her head with intention to kill causing cut injury in her head. It is further alleged that when her husband Zahirul Hasan and Dewar Anzarul Hasan came to save her, they were also assaulted by both the petitioners and four others with lathi and danda causing serious injuries to them resulting which her husband died in course of treatment. Further, Md. Adil took away

Patna High Court Cr.Misc. No.51247 of 2016 (3) dt.17-01-2017 2/2 golden jewellery worth Rs.35,000/- from Godrej Almirah kept in the house of the informant.

In the instant case, case diary has been received. The witnesses in paragraphs-8, 9, 10 and 12 have supported the allegation against the petitioners of assaulting the informant and other including the husband. The postmortem report of the deceased husband is available with the case diary wherein doctor in paragraph-115 has opined the injuries caused by hard and blunt substance.

Considering the aforesaid facts that since there is direct allegation against the petitioners, this Court is not inclined to grant anticipatory bail to them The prayer for anticipatory bail of the petitioners stands rejected.

However, the petitioners are directed to surrender before the court below and make prayer for regular bail which shall be disposed off by the court below on same day without being prejudiced by the order of this Court.

(Sanjay Priya, J) S.Ali/- U T