Teharat Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8812 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- MANIHARI District- Katihar ====================================================== Teharat Khan Son Of Hajrat Khan Resident Of Village- Mednipur, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 498(A), 504, 506, 379, 447, 34 of the Indian Penal Code. As per prosecution case, informant alleged that on 18.05.2022, all the FIR named accused persons including this petitioner lashed with lathi, danda, and bamboo stick came to her house and all of them abused her upon protest they assaulted on her head due to which she sustained injury. It is further alleged that during course of occurrence co-accused snatched her chain worth Rs. 45,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.8812 of 2023(2) dt.17-04-2023 2/2 falsely been implicated in this case due to family dispute. There is general and omnibus allegation against the petitioner and there is no repeated assault made by him against the informant. It is further submitted that FIR has been lodged after three days delay of the alleged occurrence. Petitioner is languishing in judicial custody since 24.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manihari P.S. Case No. 116 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 Judicial Magistrate Ist Class, Katihar. (Sunil Kumar Panwar, J) Manish/- U T