Md. Yehasan Ahmad @ Md. Yehasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6791 of 2023 Arising Out of PS. Case No.-204 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Yehasan Ahmad @ Md. Yehasan Son Of Abdul Razaque R/O VillageBalkatwa, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rasula Khatoon Wife Of Md. Mohid R/O Village- Balkatwa, P.S.- Basopatti, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint case no. 204 of 2020 registered for the offences punishable under Sections 147, 148, 149, 120(B), 323, 341, 386, 380, 354(A), 395, 458/34 of the Indian Penal Code and 66 (A) of I.T Act.

As per FIR, allegation against the petitioner is that he threatened to kill the informant and his family members via mobile and all the accused persons including the petitioner armed with deadly weapon came and tried to outrage the modesty of the informant.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that the occurrence took pace on 06.03.2020 and the

Patna High Court CR. MISC. No.6791 of 2023(2) dt.08-05-2023 2/2 complaint was filed on 21.03.2020 after delay of 15 days without giving any reasonable explanation which creates serious doubt on the veracity of the prosecution case.. There is general and omnibus allegation against the petitioner. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Learned APP for the State opposes the bail prayer by submitting that process under section 82 has already been issued.

Considering the fact that delay in filing of the FIR as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st class, Madhubani in Complaint Case No. 204 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) N.K/- U T