Jakir Hussain @ Md. Jakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61698 of 2017 Arising Out of PS. Case No.-1 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Jakir Hussain @ Md. Jakir Hussain, Son of Late Ayub Hussain, Resident of Village - Bharaho, Police Station - Mahnar, District - Vaishali. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 324, 307, 504, 506 and 380/511 of the IPC.

The prosecution case is that on 02.01.2017 at about 8.30 AM, some altercation took place between the informant and accused persons, as a result of which, the petitioner, Jakir Hussain assaulted the informant by a dagger, with intention to kill him and when Jannat Parveen, the daughter of the informant came to his rescue, then she was also assaulted by the petitioner, causing injury on her hand.

It is submitted by learned counsel for the petitioner that the informant has received only one injury on the left side of chest, though, the same has been found to be grievous, but there is no

Patna High Court Cr.Misc. No.61698 of 2017(2) dt.21-12-2017 2/2 accusation of repeating the blow. The daughter of the informant has received lacerated injury which has been found to be simple caused by hard and blunt substance.

Considering the nature of injury being caused to the informant by the petitioner, this Court is not inclined to granted privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. However, learned court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks, keeping in view the fact that there is no accusation of repeating blow, in connection with Mahnar P.S. Case No. 01 of 2017, pending in the court of learned ACJM-VI, Vaishali at Hajipur.

(Dinesh Kumar Singh, J) Amrendra/- U T