Mahtab @ Mahtab Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46978 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -AMDABAD District- KATIHAR ====================================================== Mahtab @ Mahtab Ali, son of Abdul Hakim, resident of Village- Bara Lakhanpur, P.S.- Amdabad, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amdabad P.S. Case No. 73 of 2016, registered under Sections 341, 323, 325 and 307/34 of the Indian Penal Code. The accusation is that at the time of occurrence, ten persons named in the F.I.R., including the petitioner, were present. At that time Altaf Hussain caused injury at the chick of informant through hammer due to which he became unconscious. When Alamgir, nephew of the informant, rushed to save him then co-accused Sabir caused injury at his head through sword. When sister-in-law of the informant rushed to save him then this petitioner caused injury to him and other family members of the informant.

Learned counsel for the petitioner submits that while there is allegation against petitioner to cause injury to the Bhabhi

Patna High Court Cr.Misc. No.46978 of 2016 (2) dt.14-12-2016 2/2 (sister-in-law) of the informant, but they are not examined by the Doctor and only informant and one Alamgir were examined by the Doctor, who are said to be assaulted by Afatab Hussain and Sagir and not by this petitioner. Further submission is that occurrence took place due to quarrel of the children, but with ulterior motive, the petitioner who was present there has also been implicated in this case with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 73 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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