Mansoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29241 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- POTHIYA District- Kishanganj ====================================================== MANSOOR ALAM SON OF MD. JAFIRUDDIN R/O VILLAGEKOIMARI, P.S.- POTHIYA, DISTRICT- KISHANGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Pothiya P.S. Case No.206 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 354(b), 504, 506 and 379 of the IPC. The allegation against the petitioner is that all the FIR named accused persons including the petitioner with an intention to kill the informant, who was carrying pregnancy of five months, have assaulted her and snatched the gold chain and earrings. It is alleged that they also assaulted the brothers-

Patna High Court CR. MISC. No.29241 of 2021(2) dt.03-01-2022 2/3 in-law of the informant by means of iron rod. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. There is case and counter-case between the parties for the same occurrence and the present case is the counter blast of Pothiya P.S. Case No.205 of 2020, which was filed by the petitioner against the informant's husband. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Both sides have sustained injuries and as per the injury report of the informant side, the injuries are simple in nature. Petitioner has no criminal antecedent, as also mentioned in para-3 of the anticipatory bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to 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

Patna High Court CR. MISC. No.29241 of 2021(2) dt.03-01-2022 3/3 Court in connection with Pothiya P.S. Case No.206 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