Parwaz Alam @ Prawez Alam vs The State Of Bihar
2021 Latest Caselaw 2062 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.34525 of 2020
    Arising Out of PS. Case No.-737 Year-2019 Thana- KANTI THARMAL POWER District-
                                         Muzaffarpur
   ======================================================

Parwez Alam @ Prawez Alam, aged about 40 years, male, son of Abdul Gaffar, resident of village- Eraji Nawa Nagar Tola Quazi Chak, P.S.- Sahebganj, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh No. 1, Advocate For the State : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ajay Kumar Singh, No. 1, learned

counsel for the petitioner and Mr. Md. Fahimuddin, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Kanti PS Case No. 737 of 2019 dated 30.09.2019, instituted

under Sections 341, 323, 324, 308, 354-B of the Indian Penal

Code.

4. The allegation against the petitioner is that he had

tried to force the informant to compromise the earlier case filed

against him by her, but when she refused, he had assaulted her Patna High Court CR. MISC. No.34525 of 2020 dt.21-05-2021

and when the mother of the informant came to intervene, the

petitioner is said to have inflicted farsa blow on her head

leading to deep injury.

5. Learned counsel for the petitioner submitted that he

is the cousin brother of the informant and there is land dispute

between them. It was submitted that only to put pressure this

case has been instituted.

6. Learned APP, from the case diary, submitted that

witnesses have supported the occurrence. Further, it was

submitted that there is a 5 inches long cut wound in the middle

portion of the head of the mother of the informant, which clearly

corroborates the allegation that the petitioner had assaulted her

by means of farsa. Further, it was submitted that the petitioner

has two other criminal cases against him being Ahiyapur PS

Case No.1058 of 2018 and Sahebganj PS Case No. 449 of 2018.

Learned counsel submitted that the allegation is also very

natural and believable that the petitioner had come to coerce the

informant to compromise the case against him.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

Patna High Court CR. MISC. No.34525 of 2020 dt.21-05-2021

9. Interim protection given to the petitioner under

dated 26.03.2021 stands vacated.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T