Hifzur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24628 of 2023 Arising Out of PS. Case No.-141 Year-2013 Thana- BISHUNPUR District- Darbhanga ====================================================== Hifzur Rahman Son Of Late Motiur Rahman Resident Of Village- Narsana , Daxin Bari Tola, Ps- Bishanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 120(B) of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is of kidnapping the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that police after carrying out threadbare investigation, came to a considered conclusion that the petitioner is falsely implicated in the present case and thus submitted final form against the

Patna High Court CR. MISC. No.24628 of 2023(2) dt.07-07-2023 2/2 petitioner but the learned trial court differed the final form and took cognizance against the petitioner. Similarly situated coaccused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.06.2023 passed in Cr. Misc. No. 21183 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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 Bishanpur P.S. Case No. 141 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T