Mahfuz Alam @ Bhukaru v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42232 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== MAHFUZ ALAM @ BHUKARU SON OF JAINUL HAQUE @ JAINUL VILLAGE- PASCHIM BASTI, P.S.- KISHANGANJ, DISTRICTKISHANGANJ ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-07-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Kishanganj P.S. Case No. 55 of 2024 for the offence under Sections 341, 323, 325, 307, 379, 506, 354 and 34 of the I.P.C. lodged on 12.02.2024 by the informant, Anwari Begum.
3. As per the prosecution story, the informant alleged that upon knowledge of assault on her mother-in-law, she alongwith her husband reached the in-laws house, persuaded the parties to keep of the matter and later returned home. In the meantime, this petitioner made a telephonic call whereafter when she alongwith her husband was going to the in-laws house, they assembled with the common intention and this
Patna High Court CR. MISC. No.42232 of 2024(2) dt.10-07-2024 2/2 petitioner tried to open fire. A scuffle took place whereafter this petitioner repeatedly gave blows to the informant's husband by the butt of the pistol on his head causing injuries. Further, accused persons also assaulted him as also her in-laws/family members. The husband was shifted to Sadar Hospital and then to higher center for treatment, this followed the FIR.
4. Though learned counsel for the petitioner tried to impress upon the innocence of the petitioner, learned APP took this Court to the learned Sessions Judge's order dated 02.05.2024 to show that the injury has been found to be grievous in nature. He further submits that the petitioner also have criminal antecedent.
5. Considering the aforesaid submissions put forward by the parties as also that the injury is grievous in nature and the petitioner has criminal antecedent, it would be appropriate that he seeks bail.
6. The anticipatory bail application stands rejected. (Rajiv Roy, J) Adnan/- U T