Md. Abdul Kalam @ Mahamad Abdul Kalam @ Abdul Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80031 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

MD. ABDUL KALAM @ MAHAMAD ABDUL KALAM @ ABDUL KALAM Son of Late Jabbar Mian, aged about 57 years, Male 2.

Babuddin Mian Son of Late Kitab Mian, aged about 56 years, Male Both are resident of Village- Ujra Narayanpur, P.S.- Uchkagaon, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-06-2020 Heard learned counsel for the petitioners as well as learned A.P.P.

An allegation has been attributed at the end of Ainul Nesa (injured) to the effect that when she intervened in fighting, on an order of Kalam Mian, Babuddin Mian gave sword blow over her head causing injury thereupon. Bais Ali took away chain.

From the injury report, it is evident that the injured has sustained simple injury caused by hard and blunt substance, singular in number having on right parietal region of head of size 2"x1/2"x muscle deep and that being so, virtually rules out at a glance applicability of Section 307 I.P.C. as well as 324

Patna High Court CR. MISC. No.80031 of 2019(3) dt.24-06-2020 2/2 I.P.C., whereupon the petitioners are well advised to surrender before the learned lower court with a prayer for bail which the learned lower court will consider in the light of the observations given hereinabove.

In terms of above, this petition is disposed of. (Aditya Kumar Trivedi, J) Surendra/- U