Patna High CourtCR. MISC./62474/2017dismissed

Noor Alam @ Noor Alam Miya v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62474 of 2017 Arising Out of PS.Case No. -248 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Noor Alam @ Noor Alam Miya, S/o Late Samim Miya, R/o VillageHarsidhi Babu Tola, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Harsidhi P.S. Case No. 248 of 2017 instituted for the offence under Sections 341, 447, 323, 324, 307, 354, 427 and 504/34 of the Indian Penal Code.

In the written report there is specific allegation against this petitioner that he assaulted the informant with iron rod on her head causing bleeding injury.

Learned Sessions Judge has mentioned in the impugned order that in paragraph-13 of the case diary, the injury report of the informant is available which shows that the age of informant is 60 years and Doctor has found grievous injury on her head caused by hard and blunt substance. One injury was also

Patna High Court Cr.Misc. No.62474 of 2017 (2) dt.22-12-2017 2/2 found on the eye brow of the informant caused by hard and blunt substance.

Learned counsel for the petitioner has submitted that compromise petition has been filed between the parties in the court below. This Court feels that such ground is not fit for grant of anticipatory bail to the petitioner.

Therefore, prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order and also taking into consideration that compromise has taken place.

(Sanjay Priya, J) S.Ali/- U T