Ali Murtuza @ Md. Murtuza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37621 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -THAWE District- GOPALGANJ ======================================================
1. Ali Murtuza @ Md. Murtuza Son of Late Islam Mian, Resident of Village- Jagmalwa, Police Station-Thawe, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.
The petitioner apprehends his arrest in Thawe P.S. Case No. 78 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that Ali Murtuza, the petitioner assaulted him with Farsa on his forehead and he fell down crying with pain. Khalid assaulted him with iron rod on his right thigh and head. Ladly Khatoon assaulted him with stick on his thigh. Gama assaulted him with knife causing injury near his eye, nose and cheek. Khalid tied towel in his neck and tried to press his neck to kill him.
Learned counsel for the petitioner submits that the entire allegation is false and concocted. The informant got only
Patna High Court Cr.Misc. No.37621 of 2016 (4) dt.21-10-2016 2/2 one injury on his head i.e. simple in nature. No other injury is found on the person of the informant.
Learned counsel for the informant submits that the informant was examined by the medical board but the medical board also found only one injury caused by sharp cutting substance on the person of the informant which is simple in nature.
Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 78 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T