Patna High CourtCR. MISC./51908/2016rejected

Tahir Hussain v. The State Of Bihar

2017-03-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51908 of 2016 Arising Out of PS.Case No. -193 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Tahir Hussain, son of Late Sheikh Zakir, Resident of Village- Jogiya, P.S.- Ramnagar, District- West Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. Ramakant Sharma, Sr. Adv. With Mr. Md. Aslam Ansari, Adv.

For the State : Mr. Parmanand Prasad, APP 116 For the informant : Mr. Bimlesh Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2017 Heard the learned counsel for the petitioner, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 341, 323, 448, 324, 307, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

For dispute relating to teasing a girl of the family of the petitioner, free-fight started between the parties. Allegation against the petitioner is that he fired causing injury to Shabir Ahmad. The doctor had found three fire arm injuries on the occipital area and front of the head, caused by fire arm injury to Md. Shabir Ahmad. Submission of the petitioner is that one person of the petitioner's side died in the occurrence. The occurrence took place at the spur of moment as the prosecution side were found attempting to outrage the

Patna High Court Cr.Misc. No.51908 of 2016 (3) dt.23-03-2017 2/2 modesty of a girl of the family of the petitioner. The petitioner also allegedly sustained injury in the occurrence.

The aforesaid can not be a ground to allow anticipatory bail to the petitioner, hence, prayer for anticipatory bail is refused.

The prayer for regular bail of the petitioner, in the event of surrender of the petitioner, shall be considered without being prejudiced by this order. (Birendra Kumar, J) SA/- U √ T √