Patna High CourtCR. MISC./24500/2016rejected

Sonu @ Saddique Anwar v. The State Of Bihar

2016-09-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24500 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Sonu @ Saddique Anwar son of Mushtaque Ali, Resident of VillageDahuwabari, P.S.- Kursakanta, Dist- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate.

For the Opposite Party : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.

The petitioner apprehends his arrest in Kusakanta P.S. Case No. 46 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that while he was returning after completion of voting Mushtaque Ali and his supporters were raising slogans. The petitioner and others surrounded him and the petitioner is alleged to have assaulted the informant with iron rod on his head. Other accused persons have also assaulted the informant.

Learned counsel for the petitioner submits that there is a counter version being Kursakanta P.S. Case No. 50 of 2016 but the police under the influence of the informant lodged the case on

Patna High Court Cr.Misc. No.24500 of 2016 (3) dt.21-09-2016 2/2 26.04.2016. It is further submitted that the doctor O.P. Mandal opined that the injury is grievous in nature, but at the same time the doctor deposed that due to managing pressure he gave the injury report that the injury is grievous.

It appears that the petitioner is the son of former Mukhiya Mushtaque Ali and the petitioner is alleged to have assaulted the informant with iron rod on his head and the doctor found one injury on head which is opined to be grievous in nature, although the doctor has also stated that due to managing pressure he gave opinion. It is further submitted that Mushtaque Ali has already been granted anticipatory bail vide order passed in Cr. Misc. No. 23116 of 2016 on 23.05.2016 but there is specific allegation against the petitioner that he assaulted the informant with iron rod on his head causing grievous injury, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T