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Patna High CourtCR. MISC./31218/2025allowed

Md. Kalimullah @ Md. Guddu v. The State Of Bihar

2025-05-20Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31218 of 2025 Arising Out of PS. Case No.-48 Year-2023 Thana- SAKRI District- Madhubani ====================================================== Md. Kalimullah @ Md. Guddu Son of Late Nasrul Hak Resident of Village - Sima, P.S.- Sakri, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard Mr. Ravindra Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Sakri P.S. Case No. 48 of 2023 registered for the offence punishable under Sections 341, 448, 504, 323, 354, 379, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has assaulted with farsa to the informant of the case, namely, Sakila Khatoon due to which, she received head injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.31218 of 2025(2) dt.20-05-2025 2/3 committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that ten days ago, a case was filed by one Sultana Praveen and this case is counter blast against that case. He also submits that from perusal of the injury report, it will transpire that Sakila Khatoon has received incised wound on the middle right scalp 11/3"x 1/2"x1/2". The Doctor has opined that the injury may be dangerous to life. The Doctor is not required to give his opinion whether the injury is dangerous or not rather he should note that whether the injury is simple or grievous in nature. The measurement of the injury goes to show that the injury is superficial. Learned counsel for the petitioner also submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, he is languishing in judicial custody since 02.04.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.31218 of 2025(2) dt.20-05-2025 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 48 of 2023.

(Ashok Kumar Pandey, J) Sudhanshu/- U T