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2025 DAILYLAW 77322 (PAT)

Md. Alam v. The State of Bihar

CR. MISC./71632/2024 · 2025-02-10

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71632 of 2024 Arising Out of PS. Case No.-11 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== Md. Alam Son of Late Mohammad Miyan @ Mohammad Ali Resident of village - Indarpur, Police Station - Chhatapur, Distt.- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 10-02-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Chhatapur P.S. Case No. 11 of 2021 for the offence under Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34 of the I.P.C. lodged on 09.01.2021 by the informant, Jabuna Khatun. 3. As per the prosecution story, in brief, is that on 07.01.2021 at about 6:00 PM an altercation took place between child of the informant and her neighbour child and informant – Jabunan Khatun resolved the same, but after some time female and male member of the family of her neighbour came there after being variously armed. Informant’s husband Md. Azim and son Motabil tried to pacify the matter, but the 11 FIR named accused persons including the petitioners assaulted them and Patna High Court CR. MISC. No.71632 of 2024(3) dt.10-02-2025 2/3 gave farsa and sword blow on their heads. When the informant tried to rescue them, then she was also assaulted and disrobed by the accused persons. Her gold ear-rings and nose pin were also taken by the accused persons. It is alleged that the legs and hands of informant’s husband and her son got fractured in the occurrence. It is stated that the boxes and food-grains kept in informant’s house were also looted by the accused persons. 4. Learned counsel for the petitioner submits there is a case and counter blast case between the parties. He submits that petitioner is quite innocent and have not committed any offence and have falsely been implicated in this case. He has also submitted that the allegation leveled against the accused petitioners are omnibus and general in nature and not specific. 5. Learned APP opposes the prayer. 6. As per allegation made in the FIR all the accused persons named in FIR assaulted the informant, her husband and son in which her husband and son became seriously injured. In para 5, 7, 45 & 46 of case diary, the witnesses have supported the offence. In para 52, 53, 54 and 55, injury report of the injureds have been mentioned, from perusal of which it appears that injureds have sustained multiple injuries also on their head. The investigation is still going on. Patna High Court CR. MISC. No.71632 of 2024(3) dt.10-02-2025 3/3 7. Keeping in view the aforesaid facts and considering the nature of injury, I am not persuaded to enlarge the petitioner on anticipatory bail. 8. Accordingly, the bail petition filed on behalf of the petitioner, namely, Md. Alam stands rejected. prabhakar/- (S. B. Pd. Singh, J) U T