Mokim Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43171 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Mokim Mian S/o- Akhtar Mian, R/o. Vill.- Mokhdampur, Haflaganj, P.S.- Katihar (Muffasil), Distt- Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.
The petitioner seeks anticipatory bail in a case under Sections 341, 323, 307, 379, 504/34 IPC and Section 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It is submitted by learned counsel for the petitioner that the allegation of taking the caste name has been only introduced so as to bring the case within the purview of SC/ST Act. It is further submitted that only family members of the informant have supported the case and no independent witness has come out in support of the case. Learned counsel also submits that the petitioner does not have any criminal antecedent. Learned APP, on the other hand, submits that the case of the informant cannot be brushed aside since the informant has
Patna High Court Cr.Misc. No.43171 of 2015 (3) dt.01-12-2015 received as many as three injuries by sharp-cutting weapon, which corroborates the statement made in the FIR of having been attacked by chura by the accused persons including the petitioner. Learned counsel for the petitioner, however, sought to reiterate that the independent witnesses have only spoken against Shamsul Mian and not the petitioner and further the petitioner has also received injuries and thus it was not a one-sided assault against the petitioner.
Considering the facts and circumstances of the case, this Court does not consider it to be a fit case for grant of anticipatory bail to the petitioner. Prayer for anticipatory bail is, accordingly, rejected.
(Ramesh Kumar Datta, J) spal/- U