Md. Hanzla @ Hanzla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41072 of 2018 Arising Out of PS.Case No. -61 Year- 2016 Thana -MAHILA P.S. District- MADHUBANI ====================================================== MD. HANZLA @ HANZLA, Son of Abdullah, Resident of VillageBousee, Police Station- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 61/16, corresponding to G.R. No.1123/2016, registered for offences punishable under Sections 341, 323, 354(B), 376 and 511 of the Indian Penal Code. Allegation against the petitioner is of try to commit rape upon the informant and on hulla when people came and tried to apprehend the petitioner, then some scuffle took place in which injuries were given by the petitioner by knife. It has been submitted on behalf of the petitioner that petitioner and informant are gotias and due to land dispute petitioner has falsely been made accused in this case and the allegation under Section 354(B) of the I.P.C ornamental in nature. Furthermore there is case and counter case by the petitioner.

Patna High Court Cr.Misc. No.41072 of 2018 (2) dt.17-07-2018 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Madhubani in connection with Mahila P.S. Case No. 61/2016, corresponding to G.R. No.1123/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.41072 of 2018 (2) dt.17-07-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/-Amjad U T