Ish Mohmmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54979 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -MASRAKH District- SARAN ======================================================
1. Ish Mohmmad, son of late Mahmub Mian, resident of village- Chand Kudhariya, P.S.- Masharak, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Mashrak P.S. Case No.120 of 2017 instituted for the offence under Section(s) 363, 366-A, 341, 324, 307, 504/34 Indian Penal Code pending in the Court of Additional Chief Judicial Magistrate, VII, Saran at Chapra.
Counsel for the petitioner has submitted that in the first part of the allegation there is no mention of name of the petitioner in kidnapping the niece of the informant. It is further alleged that name of the petitioner has come in the second part of the allegation alleging that when the informant went to enquire from Aftab about his niece, then this petitioner along with Aftab and other accused assaulted the informant with lathi, danda, sword etc. causing injury on his head and left shoulder.
Patna High Court Cr.Misc. No.54979 of 2017 (3) dt.22-02-2018 2/2 Allegation against this petitioner is that he assaulted with sword on the head of the informant causing injury on his head and right shoulder.
Case diary has been received, wherein, injury report of the informant is available.
Learned APP has pointed out that total five injuries were sustained by the informant, out of which, injury no.1 on shoulder caused by sharp cutting weapon was found to be grievous in nature.
From the injury reports, it further appears that other injured also sustained injuries caused by sharp cutting weapon on their person.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T