Shamsher Maniyar @ Shamsher Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8919 of 2022 Arising Out of PS. Case No.-618 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

SHAMSHER MANIYAR @ SHAMSHER KHAN S/o Badruddin Khan @ Badruddin Maniyar Resident of Ward No. 10, Gudri Road, Chakmahila, P.S. and District- Sitamarhi- 843302 2.

Naushad Maniyar @ Naushad Khan S/o Badruddin Khan @ Badruddin Maniyar Resident of Ward No. 10, Gudri Road, Chakmahila, P.S. and District- Sitamarhi- 843302 3.

Dilshad Maniyar @ Happu @ Md. Dilshad Khan S/o Badruddin Khan @ Badruddin Maniyar Resident of Ward No. 10, Gudri Road, Chakmahila, P.S. and District- Sitamarhi- 843302 4.

Sahnaj Maniyar @ Gappu S/o Badruddin Khan @ Badruddin Maniyar Resident of Ward No. 10, Gudri Road, Chakmahila, P.S. and DistrictSitamarhi- 843302 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Jubair Ansari, Advocate Mr.M. Khan, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2022 Petition for pre-arrest bail of petitioner nos. 2 and 4 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1 and 3 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section and other allied sections 376/34 and other sections of the Indian Penal Code. Prosecution's case in short is that petitioner no. 1 caught both hands of the victim and dragged her from the house whereas, petitioner no. 3 disrobed her by pulling down her

Patna High Court CR. MISC. No.8919 of 2022(3) dt.08-09-2022 2/2 clothes. Petitioner no. 1 took away ear-ring worth Rs. 80,000. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Informant is a fraud lady and has filed similar cases against a number of persons with a view to extort money from them. Police after investigation has found that a simple fight had taken place between the parties but the allegation of attempt to commit rape was found untrue. Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I Sitamarhi in Sitamarhi Police Station Case No. 618 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T