Md. Rabbani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22531 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -KEOTI District- DARBHANGA ======================================================

1. Md. Rabbani Son of Md. Manjoor,

2. Md. Shahid, Son of Md. Rabbani, Resident of Village- Barahi, P.S. Keuti, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-07-2017 Heard the learned counsel for the petitioners, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Keoti P.S. Case No. 15 of 2017 (Cri. Case No. 264 of 2017) for the offences punishable under sections 341, 323, 504 and 307/34 of the I.P.C. Allegedly, the petitioners were waiting for arrival of Md. Ejaj, the father of the informant, and after seeing Md. Ejaj both started assaulting him with lathi resulting Ejaj fell down from the motorcycle and then also they assaulted him resulting his head was raptured, bleeding started. On the back and waist also there

Patna High Court Cr.Misc. No.22531 of 2017 (3) dt.07-07-2017 2/2 are serious injuries. Six stitches were given on his head and thereafter he was referred to D.M.C.H. Darbhanga, he is not in sense.

Submission is of false implication and that the informant is not an eye witness of the occurrence, only on suspicion the petitioners have been implicated, the prosecution story appears not probable and reliable and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners by submitting that the petitioners have assaulted the injured brutally.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M-VII, Darbhanga.

(Jitendra Mohan Sharma, J) Abhay/- U T