Patna High CourtCR. MISC./51713/2017dismissed

Md. Rakim @ Rakim And ANR v. The State Of Bihar

2017-12-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51713 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Md. Rakim @ Rakim, S/o Jabbar,

2. Md. Ashraful @ Arareful, S/o Kafil, Both are resident of VillageMohammadpur, P.S.- Baisi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioners and the State. At the outset, It has been submitted that during pendency of this petition, petitioner No. 1 has already been arrested.

Accordingly, this petition filed on behalf of petitioner No. 1 in connection with Baisi P.S. Case No. 90 of 2017 stands dismissed as withdrawn.

So far as rest petitioner No. 2 is concerned, he apprehends arrest in connection with Baisi P.S. Case No. 90 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code.

There is allegation in the written report that this petitioner along with Md. Rakim @ Rakim assaulted the mother of

Patna High Court Cr.Misc. No.51713 of 2017 (3) dt.05-12-2017 2/2 the informant with iron rod as well as Farsa, on account of which, she became unconscious.

The doctor has found incised wound on the head of the mother of the informant caused by hard as well as sharp cut instrument and CT scan show, fracture of frontal bone. The injury was found to be grievous in nature. In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of petitioner No. 2 is rejected.

The petitioner No. 2 is directed to surrender in the court below and seek regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T