Md. Mazharuddin Khan @ Mona v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4644 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MD. MAZHARUDDIN KHAN @ MONA S/o Fakhruddin Khan R/o Mohalla- Idgah Lane, Brahapura, P.S.- Ishakchak, District- Bhagalpur, at Present working at Y-1-Division, 58IMSD, Vashistha Bihar, Gauhati (Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Ishakchak P.S. Case No. 160/2021 registered for the offences punishable under Sections 376 of the Indian Penal Code.

It has been submitted by learned counsel for the petitioner that this case is squarely covered by the judgment of Supreme Court passed in the case of Sonu @ Subhash Kumar Vs. State of Uttar Pradesh [2021 (3) BLJ SC 171]. Learned counsel for the petitioner further submits that from reading of

Patna High Court CR. MISC. No.4644 of 2022(2) dt.28-04-2022 2/2 the F.I.R., it is evident that no case is made out against the petitioner. He has also submitted that petitioner is serving as an army personnel.

Considering the facts and circumstances of the case, the present anticipatory bail application is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, XIV, Bhagalpur, in connection with Ishakchak P.S. Case No. 160/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sandeep Kumar, J) Saif/- U T