Patna High CourtCR. MISC./40156/2019rejected

Shahabu @ Md. Sahabu v. The State Of Bihar

2019-07-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40156 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== SHAHABU @ MD. SAHABU, Gender-Male, Aged about 20 years, S/o Md. Javed Khan Resident of Mohalla- Tinkothiya, P.S.- Mithanpura, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2019 Heard both sides.

The petitioner apprehends his arrest in Mithanpura P.S. Case No.384 of 2018 registered under Sections 307 and other Sections of the Indian Penal Code.

The informant alleged that on account of some verbal altercation, Md. Shahabu threw a piece of bricks with an intention to kill and the bricks hit on the head of the son of the informant. The son of the informant is getting treatment in the hospital.

The learned counsel for the petitioner submits that the occurrence took place on 21.09.2018 but the informant did not give information to the police station. The informant lodged the case only on 14.10.2018. The allegation is palpably false and

Patna High Court CR. MISC. No.40156 of 2019(2) dt.01-07-2019 2/2 concocted but it appears that informant gave satisfactory explanation for not instituting the case immediately after the occurrence. The informant took his son to different places for treatment and he remains engaged in treatment of his son. On account of assault made by the petitioner, the son of the informant got fracture injury on his head and he remained under treatment.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T