Md. Nisar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34886 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -CHAKAI District- JAMUI ======================================================

1. Md. Nisar Mian Son of Muslim Mian, R/o Dubaria Tilha, P.S.- Chakai, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2017 Heard both sides.

The petitioner apprehends his arrest in Chakai P.S. case No. 163 of 2016 for the offences punishable under Section 307, 379 and others Sections of the Indian Penal Code. The informant, wife of the injured, made allegation that petitioner assaulted her husband with rod on different parts of his body. Other accused persons also assaulted the husband of informant with Farsa and other weapons.

The learned counsel for the petitioner submits that petitioner is alleged to have assaulted the husband of informant with rod, a hard blunt object, but from perusal of the injury report of Kamruddin, husband of informant, it would appear that one lacerated wound on mid of scalp caused by hard and blunt object

Patna High Court Cr.Misc. No.34886 of 2017 (3) dt.17-08-2017 2/2 was found and other injuries are swelling and complain of pain on knee and other parts of the body. It is submitted that injuries are simple in nature but from perusal of the FIR and case diary it appears that, of course, the injuries are simple in nature but the petitioner and others assaulted the husband of informant when he refused to pay contribution for Jalsa.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

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