Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20961 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Imran, Son of Sakur Miya, Resident of Mohalla- Miscot, P.S. TownMotihari, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned counsel for the Informant.

Despite repeated calls, none appears on behalf of the State.

The petitioner seeks pre-arrest bail in connection with Motihari (Town) P.S. Case No. 167 of 2016, registered under Sections 307/324/379 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that even if the entire allegations made in the F.I.R. are taken to be true in their entirety, the ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted. He has further submitted that at best an offence punishable under Section 324 of the Indian Penal Code would be attracted in the present case, as the Doctor, who examined the

Patna High Court Cr.Misc. No.20961 of 2016 (2) dt.23-05-2016 2/2 victim, found all injuries simple and superficial in nature. He has further submitted that the petitioner has no criminal antecedent and out of enmity existing from before, the petitioner has been implicated in the present case.

On the other hand, learned counsel for the informant has vehemently opposed the application preferred by the petitioner. She has submitted that the petitioner has repeatedly assaulted the informant and it was sheer luck of the informant that he did not sustain any grievous injury.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner, Md. Imran, is directed to be released on 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 learned Chief Judicial Magistrate, Motihari, in connection with the Motihari (Town) P.S. Case No. 167 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kunal/- U T