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Patna High CourtCR. MISC./34256/2014bail granted

Gulam Ali Khan @ Babar Khan @ Gulam Ali v. The State Of Bihar

2015-02-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34256 of 2014 Arising Out of PS.Case No. -1822 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN(BETTIAH) ====================================================== Gulam Ali Khan @ Babar Khan @ Gulam Ali, Son of Yusuf Khan @ Yusuf Ali, Resident of-Dedauli Tadi, P.S.-Sahodara, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-02-2015 Heard both sides.

The petitioner apprehends his arrest in a complaint case registered under Sections 323, 379, 354, 504/34 of the Indian Penal Code.

Complainant-Rahana Khatoon made allegation against the petitioner that he tried to outrage her modesty and also committed theft.

It is submitted that the occurrence is dated 10.6.2013, but the complaint petition was filed on 27.6.2013. Prior to the lodging of the complaint, the petitioner filed Sahodara P.S. Case No.48 of 2013 in which the complainant, her husband and others are made accused. The police after

Patna High Court Cr.Misc. No.34256 of 2014 (2) dt.12-02-2015 2/2 investigation submitted charge sheet. In another case lodged by the petitioner, the police also submitted charge sheet against the accused persons, who are the witnesses in the present complaint petition.

Considering the fact that after 17 days of the occurrence, the complainant filed complaint petition, but before that petitioner lodged case against the complainant and others and the fact that there is litigation between the parties, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri N.P. Singh, learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with T.R. No.2710/2013, arising out of Complaint Case No.1822C/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) PNM U T