Patna High CourtCR. MISC./11038/2023bail granted

Md Murtaza v. The State Of Bihar

2023-04-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11038 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== MD MURTAZA SON OF FAKIR @ MD FAKRUDDIN @ FAKRUDDIN R/O RAHIKPUR, WARD NO.- 02, P.S.- ARARIA R.S., DISTRICTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Rajeev Nayan, App, 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 376/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, on the pretext of marriage, this petitioner established physical relation with the victim.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant filed present case against the petitioner and his family members only to save skin from Araria RS Police Station Case No. 801/2020. Due to land dispute, parties are on

Patna High Court CR. MISC. No.11038 of 2023(2) dt.27-04-2023 2/2 inimical term. Police after investigation submitted final form against the petitioner but the Court below differing with the same took cognizance of the offence. Petitioner claims clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Araria in Araria Mahila Police Station Case No. 97 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T