Md. Kaleem @ Md. Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89541 of 2024 Arising Out of PS. Case No.-522 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Kaleem @ Md. Kalim son of Late Md. Ajeej @ Md. Aziz VillageKherajpur PS -Bahadurpur Distt- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Khushi Awadh, Adv.
For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bahadurpur P. S. Case No. 522 of 2023 dated 31-10-2023 instituted for the offence punishable under Sections 147, 323, 341, 308, 379, 504 and 506 of the Indian Penal code.
3. The prosecution case in short is that on 31-10-2023 at 10.00 AM the informant was at her house and Inspector of the Police and Chaukidar of Bahadurpur came to spot inspection of land in dispute. Meanwhile, FIR named accused persons, including the petitioner came before the police administration and started abusing and assaulting them. The informant came to save her husband then petitioner gave iron rod blow on the head of informant,due to which, she got head injury and blood started
Patna High Court CR. MISC. No.89541 of 2024(2) dt.08-01-2025 2/3 oozing out and she became unconscious. It is further alleged that co-accused, namely, Asgar Ali and Md. Khurshid also assaulted them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is next submitted that allegation against the petitioner is that he assaulted by means of iron rod on the head of he informant, on account of which, she sustained head injury. The injury report of the informant has been annexed as Annexure -P/3 series, which shows that nature of injury is simple. There is a case and counter case between the parties. Counter case i.e. Bahadurpur P.S. Case No. 523 of 2023 has been lodged by the petitioner against the present informant and others. Lastly, it has been submitted that petitioner has one criminal case pending against him, in which he is on bail.
5. Learned APP has opposed the prayer for anticipatory bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.89541 of 2024(2) dt.08-01-2025 3/3 sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Darbhanga or successor court, in Bahadurpur P. S. Case No. 522 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T