Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72119 of 2018 Arising Out of PS. Case No.-239 Year-2018 Thana- KADWA District- Katihar ====================================================== Shamim, son of Late Kasim, resident of Village- Baniyatoli, Police StationBalia Belon, District- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajendra Prasad Sah, Advocate.

For the Opposite Party :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 307, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on the date of occurrence, accused persons including the petitioner surrounded the informant while she was going to shop, and assaulted her. In course of occurrence, this petitioner assaulted the informant on her head by Hammer, causing head injury.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against

Patna High Court Cr.Misc. No.72119 of 2018(2) dt.04-12-2018 2/2 the petitioner. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Katihar, in connection with Kadwa (Balia Belon) P.S. Case No. 239 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T