Md Javed Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30303 of 2021 Arising Out of PS. Case No.-370 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== Md Javed Akhtar S/o Md. Abdullah @ Abdulla Ansari R/o villageMubarakpur, P.S.- Rivilganj, District- Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the State :
Mr. Mritunjay Kr. Nirala, APP For the Informant Mr. Udai Shankar Singh,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2022 I.A. No. 01 of 2021 Heard the parties on the aforesaid interlocutory application.
This interlocutory application has been filed for adding the name of the counsel for the petitioner as the earlier counsel for the petitioner died and file has been handed over to Mr. Manoj Kumar, learned Advocate. Thereafter, he has filed Vakalatnama by way of supplementary affidavit. In that view of the matter, this interlocutory application is allowed.
Cr. Misc. No. 30303 of 2021 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case
Patna High Court CR. MISC. No.30303 of 2021(3) dt.21-02-2022 2/3 registered for the offence punishable under Sections 307, 366, 384/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place in the year 2017 but FIR was lodged about two years without any plausible explanation. He submits that after investigation, the police has not found that Section 376 IPC is made out against the petitioner. He submits that this is a case of love affairs between the informant and the petitioner which clearly demonstrates from their photographs. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case and the fact that there is delay in filing the FIR, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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
Patna High Court CR. MISC. No.30303 of 2021(3) dt.21-02-2022 3/3 below where the case is pending/successor court in connection with Rivilganj P.S. Case No. 370 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T