Jahangir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80417 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- AMAUR District- Purnia ====================================================== Jahangir S/o- Sharif Village- Dalmalpur Ps- Amour Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Amour Police Station Case No. 195 of 2024, dated 18.05.2024, disclosing offences under Sections 147/149/341/323/354/379/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 10.05.2024, in the afternoon, the petitioner along with other accused persons started abusing the informant and when she protested, the accused persons surrounded and assaulted her with slaps and fists, lathi, danda, etc. It has further been alleged that the petitioner pulled the informant on the ground and sat on her chest,

Patna High Court CR. MISC. No.80417 of 2024(2) dt.05-12-2024 2/3 tore her clothes and also assaulted her with knife causing injury to the informant's right eye.

4. Learned counsel for the petitioner submits that the both the parties are neighbours and occurrence has taken place due to dispute between them. He next submits that there is allegation against the petitioner that he assaulted the informant by means of knife, but no injury near her right eye has been found. However, injury causing fracture of nasal bone was found in the injury report, which is not attributed to the petitioner. He further submits that there is allegation that the petitioner inflicted knife blow, whereas, the injury has been described as grievous in nature by hard and blunt substance near informant's nasal bone.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and grievous injury caused to the informant is prima facie not attributable to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest

Patna High Court CR. MISC. No.80417 of 2024(2) dt.05-12-2024 3/3 or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea, in connection with Amour Police Station Case No. 195 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T