Noor Aalam @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56219 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- AMNAUR District- Saran ====================================================== NOOR AALAM @ MUNNA, aged about 19 years, Male, Son of Kasim Miyan, Resident of Village- Shahpur, P.S.- Amnour, District- Saran ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar, Adv.

For the Opposite Party :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Amnour P.S. Case No. 90 of 2019 for the offences alleged under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The accusation is that on death of Munshi Mian, grand father of informant, Hajra Khatoon, (1) Quasim Mian, (2) Salim Mian, (3) Noor Alam, (4) Tasleem Mian and (5) Naushad Alam came at the house of the informant, then, she told that during the illness of her grand father none had come to see or to help him in his treatment on which all started to cause assault. When Aslam, son of the informant, rushed there, he was also assaulted through iron rod by Noor Alam in which he sustained head injury and fracture injury.

The submission of the learned counsel for the petitioner is that due to abusing of informant on the occasion of death of her grand father to the petitioner, occurrence of marpeet

Patna High Court CR. MISC. No.56219 of 2019(2) dt.04-09-2019 2/2 took place in which petitioner's side also sustained injury regarding which Amnour P.S. Case No. 92 of 2019 is also instituted. More over, injuries, as found on the person of Aslam, son of the informant, is all simple in nature. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Amnour P.S. Case No. 90 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T