Ayub Ali @ Haji Ayub Ali @ Nawab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20269 of 2023 Arising Out of PS. Case No.-661 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

AYUB ALI @ HAJI AYUB ALI @ NAWAB SON OF MD USMAN R/O MOHALLA- BAKARGUNJ, BARI ROAD, SALOON GALI, P.S.- KADAMKUAN, DISTRICT- PATNA 2.

MD IQBAL @ HAJI SON OF MD USMAN R/O MOHALLABAKARGUNJ, BARI ROAD, SALOON GALI, P.S.- KADAMKUAN, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Majid Mahboob Khan, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 354 of the IPC. As per the prosecution case, the petitioner no.1 helped the in-laws of the complainant to get rid of her and her daughter. Thereafter, the matter was re-conciliated but the same could not be settled and complainant filed two cases against her in-laws and the petitioners were pressurising the complainant to withdraw the said case. On the alleged date,

Patna High Court CR. MISC. No.20269 of 2023(2) dt.27-06-2023 2/3 petitioner no.1 stopped the complainant, stopped the complainant in her way, assaulted her and further took her into his lap with the help of petitioner no.2.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 was mediator of the marriage of the complainant and there is no specific overt act against him. It is further submitted that the statement of the victim and her sister was recorded in the complaint case in the Court below and a difference in the statements was found. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.20269 of 2023(2) dt.27-06-2023 3/3 pending/Successor Court in connection with Complaint Case No.661 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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