Patna High CourtCR. MISC./35168/2024bail rejected

Sarajul Miyan @ Sarajul v. The State Of Bihar

2024-07-31Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35168 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Sarajul Miyan @ Sarajul SON OF LATE ALAUDDIN MIYAN R/O - Dubauliya, P.S.- YOGAPATTI, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Yogapatti P.S. Case No. 12 of 2024 registered under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code lodged on 10.01.2024 by the informant, Nasrullaha Alam.

3. As per the prosecution story, the informant alleged that when the wife visited the house of the Aslam Alam, they started abusing and when the informant protested, allegation is that Aslam Alam gave Dab blow on the informant's head causing injury while Sarajul Miyan @ Sarajul (the petitioner herein) broke the informant's left hand with iron rod. Further allegation against the petitioner is of snatching the gold chain

Patna High Court CR. MISC. No.35168 of 2024(3) dt.31-07-2024 2/2 and outraged the modesty. They were taken to Yogapatti Hospital and from there they referred to G.M.C.H., Bettiah. Accordingly, the FIR.

4. Though learned counsel for the petitioner tried to impress this court that the injury has been made on the hand, learned APP submits that the same has been found to be grievous in nature as per the learned Session's Judge order.

5. Considering the fact that the allegation against the petitioner is of assaulting which led to the fracture of the informant's hand, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

6. If the petitioner surrenders in the Court below within a period of four weeks and prays for bail, the bail shall be taken up and disposed it of preferably on the same day. (Rajiv Roy, J) Jagdish/- U