Zulfakar @ Zalfakar Jabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32143 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -POTHIYA District- KISANGANJ ======================================================

1. ZULFAKAR @ ZALFAKAR JABBAR son of Nurul Resident of village- Nimlagaon, P.S.- Pothia, District- Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Hussain For the Opposite Party/s : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 379, 504/34 of the Indian Penal Code. It is alleged that in the background of altercation between the parties, co-accused Nurul (non-petitioner) assaulted with bamboo on the head of the informant, subsequently coaccused Nurul and the petitioner assaulted with fists and slaps to the informant. It is also alleged that the accused persons also assaulted the daughter-in-law of the informant and committed theft.

It is submitted by learned counsel for the petitioner that specific accusation of assault is against co-accused Nurul. Though, the injury on the head has been found to be grievous but the

Patna High Court Cr.Misc. No.32143 of 2015 (2) dt.11-08-2015 2/2 petitioner is alleged to have assaulted with fists and slaps. Moreover, for the occurrence of 30.08.2014 the complaint was filed on 07.02.2015 which came to be registered as a police case on 07.03.2015. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the delayed lodging of the case and accusation of causing grievous injury is against co-accused Nurul, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kishanganj in connection with Pothia P.S. Case No. 61 of 2015 , subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T