Md. Hussain @ Md. Hasan @ Md. Hossain @ Hasan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22687 of 2015 Arising Out of PS.Case No. -1062 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Md. Hussain @ Md. Hasan @ Md. Hossain @ Hasan Son of Queyamuddin Resident of village - Mahsaili, P.S. Baunsi, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar
2. Noor Jahan W/o Md. Ayaz R/o of village - Mahsaili, P.S. Baunsi, District - Araria .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner, complainant and the State.
The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 147,323,504 and 380 of the Indian Penal Code. The prosecution case is that the complainant was deputed during parliamentary election to identify Pardanashin lady voters when the brother of the petitioner namely Abdul Samad asked the voters to caste vote in favour of a particular candidate which was opposed by the complainant, thereafter the accused persons left the polling
Patna High Court Cr.Misc. No.22687 of 2015 (2) dt.24-06-2015 2/3 booth. Subsequently at about 6.30 in the evening the accused persons came, outraged the modesty of the complainant, assaulted and took away twenty two thousand rupees and jewellery from the house of the complainant.
It is submitted by learned counsel for the petitioner that for the occurrence of 24.4.2014 at 6.30 P.M. the complaint was lodged on 26.4.2014 whereas the brother of the petitioner Abdul Samad lodged Bounsi P.S. Case No. 33 of 2014 on 24.4.2014 against the complainant and others making accusation under sections 147,148,341,323,379,354,506 and 171F IPC. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the delayed lodging of the case and the case lodged by the petitioner side at earlier in point of time, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Araria in connection with Complaint Case No.
Patna High Court Cr.Misc. No.22687 of 2015 (2) dt.24-06-2015 3/3 1062 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T