Patna High CourtCR. MISC./48137/2024bail rejected

Pardeshi @ Md. Pardeshi v. The State Of Bihar

2024-08-07Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48137 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Pardeshi @ Md. Pardeshi S/O Md. Shammi Bora R/O Sufinagar, P.SBiharsharif (Bihar), Distt.- Nalanda. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mohammad Abu Shajar For the Opposite Party/s :

Mr. Jitendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-08-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 83 of 2024 for the offence registered under sections 341, 323, 354, 325, 379 and 506 of the Indian Penal Code lodged on 02.02.2024 by the informant, Rani Perween.

3. As per the prosecution story, the informant alleged that she got information that his son is being bitten by this petitioner as she ran to save her, she saw this petitioner was hitting on the eye of his son causing severe injury. There is also allegation of snatching of ornaments. This followed the F.I.R.

4. Learned Counsel for the petitioner submits that though there is allegation of assault as per the observation of

Patna High Court CR. MISC. No.48137 of 2024(2) dt.07-08-2024 2/2 learned Sessions Judge, the opinion has been reserved. He further submitted that the petitioner has no criminal antecedent.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail and again took this Court to the observation of learned Sessions Judge to show that the injured had bleeding from his left eye and as per injury report, it was due to the metallic rod. In that background, though opinion may be reserved, it does not matter as a vital organ has been damaged due to assault by the petitioner.

6. Taking into account the allegation that has come against the petitioner of assaulting a minor child resulting into injury in his eye, no relief can be granted to him.

7. Accordingly, the anticipatory bail application stands rejected.

(Rajiv Roy, J) Arish/- U T