Patna High CourtCR. MISC./39493/2024bail rejected

Mohammad Minhaj @ Minhaj v. The State Of Bihar

2024-06-26Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39493 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== MOHAMMAD MINHAJ @ MINHAJ S/O MD. KHATTAR R/O VILLAGESANPATHA, P.S- LAUKAHI, DISTT.- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-06-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Laukahi P.S. Case No. 191 of 2023 for the offence under Sections 341, 323, 379, 354B, 307, 427, 448, 506/34 of the I.P.C. lodged on 16.07.2023 by the informant, Maimun Khatoon.

3. As per the prosecution story, the complainant alleged that when she was sitting on the door, the accused persons came and after abuse, she was misbehaved and then allegation is against this petitioner of having attacked with 'farsa' on the head of the complainant causing injury. Further, Md. Khattar alongwith Jibu Miyan threw the articles from the house of the complainant and also took away silver ornament/cash. She was taken to the Sub-Divisional Hospital

Patna High Court CR. MISC. No.39493 of 2024(2) dt.26-06-2024 2/2 Phulparas and then the case.

4. Learned counsel for the petitioner submits that though injury by 'farsa' has been attributed to this petitioner, the same has been found to be simple in nature.

5. Learned APP on the other hand took this Court to the injury to show that it is 3cm x 1⁄4 cm x 1/8 cm and further he has criminal antecedent, one of them of similar nature. He submits that the allegation is of assaulting on the head.

6. In that background, it would be appropriate that the petitioner seeks bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Adnan/- U