Sonu @ Saddique Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53414 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Sonu @ Saddique Anwar S/o Mustaque Ali Resident of VillageDahuwabari, P.S. Kursakanta, District Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2017 Heard both sides.
The petitioner apprehends his arrest in Kursakanta P.S. Case No. 46/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 21.09.2016 passed in Cr. Misc. 24500/2016.
Learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected on the ground that the informant got grievous injury on his head, but the doctor gave the injury report on pressure of the informant's side. The medical board was also constituted and the board also opined that the injury found on the head of the informant is
Patna High Court Cr.Misc. No.53414 of 2016 (2) dt.08-02-2017 2/2 simple.
Be that as it may, since there is specific allegation against the petitioner that he assaulted the informant with iron rod on his head and the doctor at the very initial stage opined injury to be grievous in nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail.
Accordingly, the same is rejected.
If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order and dispose of the bail petition preferably on the same day.
(Prabhat Kumar Jha, J.) Vinita/- U T