Habibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53954 of 2016 Arising Out of PS.Case No. -245 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ====================================================== Habibur Rahman son of Afjal Hussain, Resident of Village- ImamNagar (Salmari Tola), P.S.- Azamnagar, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard the counsel for the petitioner and the State. Prayer in this application is for grant of anticipatory bail in Azamnagar P.S. Case No. 245 of 2016 registered under section 307, 379 and other allied sections of IPC in which the allegation is that while a Panchayati was to take place the co accuseds including the petitioner arrived there and started assaulting the husband of the informant. When the informant went to rescue, it is alleged that the present petitioner caught hold of her pushing her on the ground and started assaulting in course whereof she was made half-naked. There is further allegation attributed to other accused persons.

It is stated that due to land dispute the occurrence has been committed. The injured received superficial injury. All other

Patna High Court Cr.Misc. No.53954 of 2016 (2) dt.22-12-2016 2/2 accused persons have been privileged with bail by the learned court below.

Learned APP opposed the prayer and placed the FIR in order to show the manner in which the offence has been committed.

In my view, it is not a fit case for grant of anticipatory bail. Prayer is accordingly rejected.

Let the petitioner surrender and prayer for regular bail which shall be considered and disposed of on its own merit unprejudiced by the observation made in the present order. (Kishore Kumar Mandal, J) HR/- U T