Md. Shahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28784 of 2019 Arising Out of PS. Case No.-780 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. SHAHID ALAM Son of Late Ikramuddin Resident of Village - Ward No. 13, Madanpur Pashchim, Kharhar, P.S.- Madanpur ( O.P. ), District - Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria (Madanpur) P.S. Case No. 780 of 2018 (G.R. No. 3556 of 2018), registered for the offences punishable under Sections 341, 323, 385, 354, (B), 379/34 of the Indian Penal Code and under Section 66 of the I.T Act.

Marriage of sister of the informant was performed with Md. Massi and said Md. Massi making false facebook I.D. started uploading photographs of informant and made it viral on the facebook and used to send indecent message to her sister. He did not leave the aforesaid misdeed despite persuasion. On spotting him in front of her house, informant called him through

Patna High Court CR. MISC. No.28784 of 2019(3) dt.01-08-2019 2/3 her brother, Md. Massi along with his friends including the petitioner assaulted him and when her elder brother rushed in his rescue they also assaulted his elder brother. Petitioner snatched mobile, cash and golden chain of Md. Annamul. It is submitted by the learned counsel for the petitioner that petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely because he has filed Araria (Madanpur) P.S. Case No. 771 of 2018 against the brother of the informant earlier to the case under hand. Allegation of assaulting the informant and her brother levelled against the petitioner is not specific rather general and omnibus in nature and allegation of snatching the belonging of Annamul Haque is super-addition. No one has sustained injury in the occurrence. He has no criminal antecedent.

On the other hand, learned A.P.P. 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.28784 of 2019(3) dt.01-08-2019 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria (Madanpur) P.S. Case No. 780 of 2018 (G.R. No. 3556 of 2018), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T