Md. Tamanne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16353 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Md. Tamanne Son of Md. Jaimul Rain @ Md. Jainul Resident of VillageKarwa, Police Station- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 420, 406, 354(B), 376, 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with co-accused Shabbir introduced co-accused Abdul Quayum @ Maulana with the informant, who allegedly established physical relation with her and also took Rs. 5,00,000/- on different dates taking advantage of the situation.

4. It is submitted by learned counsel for the petitioner that he is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.16353 of 2024(2) dt.14-03-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against coaccused Abdul Quayum @ Maulana. It is further submitted that similarly situated co-accused has been enlarged on bail by a coordinate bench of this court vide order dated 01.11.2023 passed in Cr. Misc. No. 69396 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Benipatti P.S. Case No. 112 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T