Md. Rajjaque @ Mir Razzaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59852 of 2017 Arising Out of PS. Case No.-208 Year-2017 Thana- PALASI District- Araria ====================================================== Md. Rajjaque @ Mir Razzaque, Son of Late Iliyas @ Late Md. Iliyas, Resident of Village- Kujri, P.S. Palasi, District Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Adv.
For the :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341/323/325/307/379/504/34 of the Indian Penal Code. Prosecution case is that the petitioner abused and assaulted the informant with iron rod, when wife of the informant came to his rescue, accused persons assaulted and took away her ornaments.
It is submitted by learned counsel for the petitioner that injury of the informant has been found to be simple in nature and caused by hard and blunt substance when there is accusation of making assault with iron rod. The informant has retracted from the initial version and has filed a petition to that
Patna High Court Cr.Misc. No.59852 of 2017(2) dt.12-12-2017 2/2 effect before the learned Court below. There is counter version of the occurrence also. A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.
Considering the petitioner's accusation is not corroborating with the medical opinion, statement made in paragraph no.3 of the petition that the petitioner has no criminal antecedent and the informant has retracted from the initial version, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned ACJM-III, Araria, in connection with Palasi P.S. Case No. 208/2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T