Md. Imteyaj Alias Md. Imteyaj Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11298 of 2018 Arising Out of PS. Case No.-318 Year-2015 Thana- VAISHALI District- Vaishali ====================================================== MD. IMTEYAJ ALIAS MD. IMTEYAJ AHMAD S/o Md. Akhtar Hussain, R/o Village- Alahdadpur, P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan For the Opposite Party/s :
Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Vaishali P.S. case no. 318 of 2015 instituted for the offence under Section(s) 341, 323, 324, 354, 504/34 of the Indian Penal Code. In the written report, there is specific allegation against this petitioner of causing injury on the head and hand of the informant with knife.
Learned counsel for the petitioner submitted that petitioner on the relevant date of the occurrence was on election duty and he was not present at the place of occurrence. This Court is of the view that point of alibi can only be considered at the time of trial.
The case diary has been received wherein the injury
Patna High Court Cr.Misc. No.11298 of 2018(4) dt.09-04-2018 2/2 report of the informant is available which shows that she has sustained grievous injury on her head. The Xerox copy of the report of C.T. scan of PMCH is available in the case diary wherein fracture of left parietal bone is seen, on bony arduous with overlaying scalp swelling. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected. Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.
(Sanjay Priya, J) shyambihari/- U T