Masihur Rahman v. The State Of Bihar

Patna High Court Cr.Misc. No.51573 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51573 of 2016 Arising Out of PS.Case No. -253 Year- 2011 Thana -SIDHWARA District- DARBHANGA ====================================================== Masihur Rahman S/o Atiqur Rahman, resident of Village- Bhagwatipur, P.S.- Singhwara, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Sinnghwara P.S. Case No. 253 of 2011 registered for the offences punishable under Sections 147, 148, 149, 307, 341, 323, 379 of the Indian Penal Code.

The allegation against the petitioner is that he gave farsa blow on the head of the informant causing bleeding and injury whereas other co-accused also committed overt act. Submission is of false implication and that there is case and counter case. Sahanaz Begum the mother of the petitioner has also lodged a case against the informant and others and this case is the counter blast of that case. The informant has received injury due to fall and the doctor has found superficial cut injury on head i.e. 1⁄2"x 1⁄4"x 1" and the nature of injury is simple and as such the

Patna High Court Cr.Misc. No.51573 of 2016 (2) dt.19-12-2016 petitioner deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Singhwara P.S. Case No. 253 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T