Akhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52213 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akhtar Mian, son of Late Mohabat Mian, resident of Village-Bahadurpur, P.S.-Darpa, District-East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Verma, Advocate For the Opposite Party : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-01-2015 Heard both sides.

The petitioner, Akhtar Mian, apprehends his arrest in Darpa P.S. Case No.20 of 2014, registered under Section 307 and other sections of the Indian Penal Code.

Sheikh Musa, the informant, had borrowed Rs.75,000/- from one Shambu Sharan Prasad. A panchayati was also held, but thereafter, Shambu Sharan Prasad and Akhtar Mian caught him and took to the house of Shambu Sharan Prasad. The accused persons confined him in a room and assaulted him with iron rod for two days.

Learned counsel for the petitioner submits that there is no specific allegation of assault against the petitioner. The informant had taken loan from Shambu Sharan Prasad. Petitioner has got enmity and that is why he has been implicated in the case.

Patna High Court Cr.Misc. No.52213 of 2014 (2) dt.06-01-2015 2/2 It appears that the informant has made very specific allegation that Shambu Sharan Prasad and the petitioner forcibly took him to the house of Shambu Sharan Prasad and kept him confined for two days. During his confinement, the petitioner and Shambu Sharan Prasad assaulted him with iron rod. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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