Allowed

Md. Kamil @ Kamil and Anr. v. The State Of Bihar

Patna HC2 Dec 2016CR. MISC./39901/2016

Case brief

AI extract

What is this about?

This bail petition arises from an assault case where the petitioners were accused of causing injuries. The High Court, noting that only one injury found on the informant's son was grievous and attributed to a different person, enlarged the petitioners on bail.

What did the court decide?

Petitioners directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Md. Kamil @ Kamil and Anr. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39901 of 2016

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Arising Out of PS.Case No. -61 Year- 2016 Thana -NARPATGANJ District- ARRARIA

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======================================================

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Md. Kamil @ Kamil S/o Late Enamul

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Md. Shakil @ Shakil S/o Md. Kamil @ Kamil

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Both resident of Village - Gokhlaur, P.S.- Narpatganj, District- Araria.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance: For the Petitioner/s : Mr. Md. Naushaduzzoha, Advocate. For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 02-12-2016 Heard both sides.

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The petitioner seeks bail in Narpatganj P.S. Case No. 61/2016 registered under Sections 448, 341, 323, 325, 379 of the Indian Penal Code. Later on, Section 307 of the Indian Penal Code was added.

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The informant named five persons, namely, Md. Najim, Md. Kamil (petitioner no. 1), Md. Shakil (petitioner no. 2), Md. Aakil and Kapil and alleged that Md. Kamil (petitioner no. 1) assaulted her with iron rod on her left hand and thereafter Md. Shakil (petitioner no. 2) assaulted her with iron rod on her shoulder. She further alleged that when her son Badrul came to save her, all the accused persons assaulted her and caused fracture injury on his head.

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Learned counsel for the petitioners submits that the

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Patna High Court Cr.Misc. No.39901 of 2016 (3) dt.02-12-2016

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2/2

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petitioners are the assailants of Jalmoon Khatoon, the informant. The injuries found on the person of Jalmoon Khatoon, the informant, are simple in nature. Badrul, son of the informant, got injury on his head and the injury is opined to be grievous in nature. The informant made omnibus and general allegations of assault against all the five accused persons but Badrul got one injury. During the course of investigation, it has come that Md. Najim assaulted Badrul on his head.

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Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Narpatganj P.S. Case No. 61 of 2016.

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(Prabhat Kumar Jha, J)

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Dilip/-

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U T

Md. Kamil @ Kamil and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Kamil @ Kamil and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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