Salamat Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.13285 of 2018 (3) dt.16-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13285 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -BHELDI District- SARAN ====================================================== Salamat Hussain, S/o Late Abbas Hussain, R/o Village- Bhimabagh, P.S.- Bheldi, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bheldi P.S. Case No.146 of 2017, registered for the offence punishable under Sections 341, 323, 307, 302, 504/34 of the Indian Penal Code.

Allegation has been made against the petitioner that he has assaulted Shamima Khatoon as well as Md. Shahid Ansari. The assault on Shamina Khatoon led to fracture of her head and Mr. Shahid Ansari died on account of receiving injury by labada. Learned counsel for the petitioner submits that the statement made in the F.I.R. with regard to fracture on the head of Shamina Khatoon is not corroborated from the injury report,

Patna High Court Cr.Misc. No.13285 of 2018 (3) dt.16-04-2018 where it has been shown that it was a lacerated wound and cause of death could not be ascertained by the doctor. Looking to the entire facts and circumstances of the case and also the fact that specific allegation has been made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within six weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) pawan/- U T