Samsul Haque @ Md. Samsul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55384 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Samsul Haque @ Md. Samsul Haque, son of Abdul Wahab, Resident of village-Hathia Diara, P.S. Muffasil, District-Katihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Katihar Muffasil P.S. Case No. 181 of 2017, registered under Sections 447, 147, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st Class, Katihar.
The accusation is that on 29.08.2017 at about 3.30 P.M. informant was at his house at that time eight perons named in the F.I.R. including the petitioner reached there and started to caused assault through fist and slaps. At that time, this petitioner caused injury through Dabiya at the head of the informant and others also caused injury through lathi. On raising alarm, Jarina Khatoon, Sahela Khatoon, mother and sister in law of the
Patna High Court Cr.Misc. No.55384 of 2017 (2) dt.28-11-2017 2/3 informant rushed to save him then they were also assaulted through fist and slaps. At that time, Md. Nausad Ali snatched ear right of aunt of the informant and Rs. 10,000/- has also been snatched from the pocket of the informant.
Learned counsel for the petitioner submits that, in fact, before four months of the occurrence, petitioner lodged Katihar (Muffasil) P.S. Case No. 189 of 2017 on 07.09.2017 under Sections 147, 148, 149, 448, 323, 324, 325 and 379 of I.P.C. against informant of the present case and due to that reasons, the petitioner has falsely been implicated in this case. Moreover, Title Suit is going on in between the petitioner and the informant. Further submission is that, in fact, occurrence of Marpit took place due to land dispute in which petitioner's side also sustained injury regarding which Compliant Case No. 1919 of 2017 was filed by the petitioner in the Court of Chief Judicial Magistrate, Katihar on 30.08.2017.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered
Patna High Court Cr.Misc. No.55384 of 2017 (2) dt.28-11-2017 3/3 by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T