In this petition filed under Section 438 CrPC for anticipatory bail, the court dismissed the application. The High Court held that allegations involved an assault on the head causing a grievous injury, making out a prima facie case despite the claim of cross-FIR.
Application filed for anticipatory bail under Section 438 CrPC was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37898 of 2023
Arising Out of PS. Case No.-65 Year-2023 Thana- AMDABAD District- Katihar
======================================================
SK. MUNIF Wife of Sk. Ezul R/o - Navratanpur, P.S. - Amdabad, Distt. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the State : Mr. Rajendra Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI ORAL ORDER
2 03-08-2023
Criminal Procedure, 1973 for enlarging the applicant on anticipatory bail in connection with Amdabad P.S. Case No.65 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.37898 of 2023(2) dt.03-08-2023 2/3
though the concerned doctor has stated in the said report that injury no.1 is grievous, it is revealed from the said report that it was only headache and vomiting. It is further submitted that so far as injuries no.2 and 3 are concerned, they are simple in nature. Learned counsel, therefore, urged that the case of the applicant be considered. At this stage, it is further submitted that in the incident in question, the present applicant and others also sustained injuries and, therefore, the applicant tried to lodge the FIR against the present original first informant and others but the said FIR was not registered. Applicant side has, therefore, filed the private complaint being Complaint Case No.58 of 2023 before the concerned court. Thus, learned counsel submitted that it is a case of cross FIR.
Patna High Court CR. MISC. No.37898 of 2023(2) dt.03-08-2023 3/3
not be entertained.
Sanjay/-
U T
3 issues framed by the court
Whether the court should exercise discretion in favour of the applicant for enlarging on anticipatory bail in view of the prima facie case made out by the prosecution.
Whether the grievous nature of the injury sustained by the victim on the head justifies rejection of the anticipatory bail application.
Whether the fact that the applicant also filed a private complaint against the informant makes the allegations of assault on the vital part of the body inconclusive.
2 provisions across 2 enactments
SK. MUNIF
The State of Bihar
VIPUL M. PANCHOLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
