Mahboob @ Mahboob Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18602 of 2018 Arising Out of PS. Case No.-279 Year-2017 Thana- ARARIA District- Araria ====================================================== Mahboob, Son of Abdullah, Resident of Village- Bangama, P.S. Araria, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Araria P.S. Case No. 279 of 2017 instituted for the offence under Sections 302/34 of the IPC.

In the written report, it is alleged that all these petitioners assaulted the sister of the informant with fatti, iron rod etc. indiscriminately and she died subsequently, on account of aforesaid assault.

The informant wanted to rescue his sister but he was also assaulted by the accused persons. The post-mortem report is available in the case diary, which shows that the deceased sustained two injuries on her vital part of the body. The doctor has found the age of injuries 24 hours before the post-mortem.

Patna High Court Cr.Misc. No.18602 of 2018(5) dt.14-05-2018 2/2 In such circumstances, there is specific allegation of over act against the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T