Md. Murtuja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45320 of 2016 Arising Out of PS.Case No. -349 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Md. Murtuja Son of Faridul Haque Resident of Village- Kharara, P.S. and District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ratanakar Jha, Advocate For the Opposite Party : Mr. Sri Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection with Town P.S. case no. 349 of 2014 registered for the offence punishable under Sections 307 and other sections of the Indian Penal Code.

It is submitted on behalf of petitioner that main allegation is against one Akbar Ali and the only allegation against petitioner and others is that they have assaulted the informant and there is nothing else against the petitioner and also there is earlier enmity between the parties.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and stated that there is allegation of

Patna High Court Cr.Misc. No.45320 of 2016 (4) dt.11-01-2017 2/2 assault against this petitioner, as such, petitioner does not deserve anticipatory bail.

In view of the above facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail against petitioner Md. Murtuja stands rejected. However, he may surrender before the court below for regular bail and the court below will dispose of the matter on its own merit without being prejudiced by the order of this Court.

With these observations, this bail application is disposed of.

(Vinod Kumar Sinha, J.) rinkee/- U T