Patna High CourtCR. MISC./49284/2019rejected

Md. Saddam @ Saddam v. The State Of Bihar

2019-08-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49284 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== MD. SADDAM @ SADDAM S/O- Md. Ekram Resident of Village- Rampur, P.S.- K. Nagar (Champanagar O.P.), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-08-2019 Heard both sides.

The petitioner apprehends his arrest in K. Nagar (Champanagar O.P.) P.S. case No. 86 of 2019 registered under Section 341, 323, 324, 307, 354, 384, 379, 504/34 of the IPC. The informant alleged that Md. Ekram, Md. Saddam and Md. Nasim were cutting bamboo from her bamboo bush behind her house. When her husband went to see, on the order of Md. Ekram, Md. Nasim gave blow with Dabia but her husband warded off the blow. In the meantime, Md. Saddam came with iron rod in his hand and assaulted her husband with iron rod on his head and her husband became badly injured. The accused persons also assaulted other inmates of the house. The learned counsel for the petitioner submits that there is land dispute between two sides. Other accused persons

Patna High Court CR. MISC. No.49284 of 2019(2) dt.07-08-2019 2/2 have already been granted anticipatory bail. The husband of informant got simple injuries as would from the injury report but it appears from perusal of injury report (Annexure-2) that Hashnath got one lacerated wound on his parietal region and the doctor referred him for C.T. scan of brain and on C.T. scan acute hemorrhagic cortical contusion in right temporal lobe was found. The injury appears to be critical and serious in nature. The hemorrhagic cortical contusion in right temporal lobe was found on account of assault made by the petitioner with iron rod on the head of husband of informant.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T