Md. Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6124 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== MD. SALAM S/O MD. IBRAHIM BAKHALI @ MD. IBRAHIM R/O VILLAGE- CHUTIA PAHAR, P.S- SHAMBHUGANJ, DISTT.- BANKA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Pandey For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Shambhuganj P.S. Case No. 07 of 2023, registered for the offences punishable under Sections 376/34 of the Indian Penal Code.
3. The allegation, as per FIR, is that while the informant along with her daughter had gone to attend the call of nature, the petitioner and other accused persons committed rape upon her.
4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is land dispute between the parties. He has submitted further that on exactly similar footing, co-accused have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 39100 of 2023.
Patna High Court CR. MISC. No.6124 of 2024(2) dt.17-02-2024 2/2
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 07 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C (Nawneet Kumar Pandey, J) Nirmal/AKV U T