Md. Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76335 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- SUPAUL District- Supaul ====================================================== MD. USMAN Son Late of Md. Hanif R/o vill - Chainsinghpatti, ward no. 06, P.S. - Supaul, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 307, 324, 379, 325/34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's son brutally with deadly weapons. Hearing the alarm, when the informant came there to save her son, petitioner assaulted her on her head and eyes by means of iron rod. They also tried to outrage her modesty. They also assaulted her husband and snatched silver chain, nose pin and cash Rs. 10,000/- from his possession.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.76335 of 2023(2) dt.05-12-2023 2/2 No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the injury report of the informant does not support the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that there is specific allegation against the petitioner to assault the informant upon her head/eyebrow by means of iron rod due to which she sustained grievous injury which is also mentioned in the impugned order.

6. Having regard to the facts and circumstances of the case, as the injury sustained by the informant is grievous in nature, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T