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Patna High CourtCR. MISC./59064/2018rejected

Sahid Ekbal @ Md. Shahid Eqbal v. The State Of Bihar

2018-12-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59064 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== SAHID EKBAL @ MD. SHAHID EQBAL S/o Late Ashik Ali, R/o Ward No. 33, Islam Nagar, Barahpura, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Opposite Party/s :

Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ishakchak P. S. case no. 97/2018 registered under sections 341, 323, 325, 379 and 354A/34 of the IPC.

Petitioner is said to have assaulted the informant by means of iron rod causing injury on his hand and furthermore, the petitioner also assaulted wife of the informant and snatched her chain and ring and also made attempt to outrage her modesty.

Submission on behalf of the petitioner is that the petitioner and the informant are full brothers but, as a matter of fact, there was some property dispute between the parties. Injury

Patna High Court Cr.Misc. No.59064 of 2018(3) dt.14-12-2018 2/2 report of the informant goes to show that he has sustained fractured injury, though on his index finger. Considering nature of the allegation levelled against the petitioner as well as materials available on the case diary, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, the petitioner is directed to surrender before the court below within six weeks and if he does so and seeks regular bail, the concerned court shall consider regular bail application of the petitioner without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) s.hassan/- U T