Patna High CourtCR. MISC./27898/2016bail granted

Shahan Shah v. State Of Bihar And ANR

2016-07-27Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.27898 of 2016 (2) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27898 of 2016 Arising Out of PS.Case No. -580 Year- 2015 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== SHAHAN SHAH S/o Mano Shah Resident of Village- Murgiachak, Police Station- Sare, District- Nalanda. .... Petitioner/s

Versus

1. The State of Bihar.

2. Angoori Khatoon wife of Mohd. Arman R/o Village- Murgiachak, P.S.- Sare District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Opposite Party No. 2. The petitioner apprehends his arrest in connection with Complaint Case No. 580 (c) of 2015 for the offences registered under Sections 354(B) and 452 of the Indian Penal Code. Learned counsel for the petitioner submits that the present case is out and out fabricated and has been registered only out of vendetta. Pointing to the complaint petition, learned counsel for the petitioner submits that the occurrence is alleged to be of 16.05.2015 whereas the complainant went to the Thana on the following day. The said fact is also corroborated in her own statement made before the Magistrate under Section 202 Cr. P.C. However, there were contradictory versions made by grand father-in-law and grand mother-in-law

Patna High Court Cr.Misc. No.27898 of 2016 (2) dt.27-07-2016 before the Magistrate.

Considering that there were three versions of the same story, which puts the prosecution under the cloud, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IInd Biharsharif, Nalanda in connection with Complaint Case No. 580(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T