Patna High CourtCR. MISC./20873/2021allowed

Irshad Alam @ Irshad @ Md Irshad v. The State Of Bihar

2022-01-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20873 of 2021 Arising Out of PS. Case No.-278 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== IRSHAD ALAM @ IRSHAD @ MD IRSHAD S/o Liyakat Hussain R/o village- Haldi Bhitta Ward No. 04, P.S.- Gawalpokhar, District- Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ram Sewak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Kishanganj P.S. Case No. 278 of 2020 registered for the offence punishable under sections 366A, 341, 323, 354B, 504/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. The present first information report has been lodged after two weeks of the alleged offence. As a matter of fact, petitioner and the victim girl have solemnized marriage and are leading their conjugal life, as is evident from the Nikahnama annexed as Annexure-3. The informant has given

Patna High Court CR. MISC. No.20873 of 2021(2) dt.13-01-2022 2/2 threatening to kill the girl, and for that the girl has filed Complaint Case No. 237 of 2020 vide Annexure-2. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Additional Sessions Judge 1st-cum-Special Judge, Kishanganj in connection with Kishanganj P.S. Case No. 278 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T