Babban Miyan @ Babban Bhatiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20795 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Babban Miyan @ Babban Bhatiyara S/o Ali Hasan Miyan Resident of Village- Bakhri, P.S.- Bakhri, Distt- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sabnam Khatoon W/o Md. Sarfuddin R/o Bakhri, Garhi Tola, P.S.- Bakhri, Distt- Begusarai.

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in jail custody since 24.01.2020 in Complaint Case No. 133C of 2019 in which cognizance for the offence punishable under sections 341, 323, 354, 504, 506/34 of the Indian Penal Code was taken.

Initially, the opposite party no. 2 lodged the Bakhri P.S.Case No. 147 of 2017 which was investigated by the police but after completion of investigation, police submitted final form showing insufficient evidence. However, opposite party no. 2 filed a protest petition which was treated as complaint

Patna High Court CR. MISC. No.20795 of 2020(3) dt.12-10-2020 2/2 petition.

Petitioner and others are said to have made attempt to outrage the modesty of informant and her niece and allegedly they took photograph of informant's niece and misused the said photograph.

Para-3 of the petition goes to show that petitioner does have criminal antecedent of several cases. However, learned counsel for the petitioner submits that almost all the cases were lodged against the petitioner and others by informant as well as her family members. He further submits that as a matter of fact, there is serious litigation and enmity between the informant and petitioner resulting filing of present case as well as other cases.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1sr class, Begusarai in connection with Bakhri P.S. Case No. 147 of 2017.

N.K/- (Hemant Kumar Srivastava, J) U T