Rafique Mian @ Rafique Miya v. The State Of Bihar
Case brief
What is this about?
The Patna High Court refused to grant regular bail to the petitioner in a murder case under the IPC, noting that the petitioner inflicted a blow on the deceased's head, notwithstanding a defense alleging superficial injuries.
What did the court decide?
Prayer for bail rejected. Petitioner is to remain in custody.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27921 of 2015
Arising Out of PS.Case No. -126 Year- 2012 Thana -MARHAURA District- SARAN ====================================================== Rafique Mian @ Rafique Miya, S/o Late Jahir Mian @ Late Jahir Miya, R/o Vill. - Nautan Mathia, P.S. Marhaurah, District - Saran at Chapra .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. M.Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
4 27-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code.
There is specific allegation that petitioner gave a Dab blow on the head of the father of the informant as a result of which he died. However, post-mortem report shows that the injury is on the head of the deceased, which was given by the petitioner.
Learned counsel for the petitioner submits that there is a case and counter case and injury on the person of the deceased is simple and superficial.
Hence, having regard to the facts and circumstances
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner in the 2012 PS case involving allegations of assault leading to death.
Whether the nature of the injuries and the case circumstances warrant the release of the petitioner on bail.
Parties & counsel
- petitioner
Rafique Mian @ Rafique Miya
- respondent
The State of Bihar
Coram
Gopal Prasad
Case details
As recorded by the court registry
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