Patna High CourtCR. MISC./8002/2023bail granted

Md. Asalam v. The State Of Bihar

2023-08-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8002 of 2023 Arising Out of PS. Case No.-780 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. ASALAM Son of Md. Jasuddin @ Mo. Jasuddi R/V- Mehsaul Gote Ward no. 9, P.S- Sitamarhi (mehsaul) Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 379, 376, 511, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that the petitioner tried to outrage the modesty of her sister then, the informant came to save her but the petitioner assaulted the informant namely, Md. Chunna due to which he sustained grievous injury. Accordingly, the present FIR has been registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a dispute in respect of land between the parties due to which the

Patna High Court CR. MISC. No.8002 of 2023(3) dt.03-08-2023 2/2 petitioner has falsely been implicated in this case. For the alleged occurrence of 2.10.2022, the FIR has been lodged on 9.10.2022 after delay of 7 days. There is case and counter case between the parties. It is further submitted that the petitioner is languishing in judicial custody since 1.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi (Mehsaul) P.S. Case No. 780 of 2022 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, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T