Md. Jamahir Naddaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65160 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- SINGHWARA District- Darbhanga ====================================================== MD. JAMAHIR NADDAF Son of Md. Harun Naddaf @ Haroon Naddaf Resident of Village- Mirzapur Jagni, P.S.- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 354/34 of the IPC.

The prosecution case, as per the written report of Jareena Khatoon submitted to the Station House Officer, Singhwara Police Station, is to the effect that on 19.09.2018 at about 6 A.M., all the FIR named accused persons including the petitioner were driving motorcycle rashly and when the informant made protest, the petitioner went to his house and came armed with lathi, danda and iron rod, when all the FIR

Patna High Court CR. MISC. No.65160 of 2019(3) dt.05-03-2020 2/3 named accused persons including this petitioner came at the house of the informant and started abusing her and assaulting the husband of the informant and when informant came to rescue her husband then they also assaulted the informant with a sword causing injury on her head.

It is submitted by learned counsel for the petitioner that in the background of a petty dispute, the accusation has been levelled against the petitioner. The injury of the informant has been found simple superficial in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, after going through the case diary, submits that though the petitioner is named in the FIR with specific accusation, but the injury of the informant has been found simple superficial in nature.

Considering the genesis of occurrence and nature of injury, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.65160 of 2019(3) dt.05-03-2020 3/3 learned Additional Chief Judicial Magistrate-V, Darbhanga in connection with Singhwara P.S. Case No. 188 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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