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Patna High CourtCR. MISC./27764/2023bail granted

Ijahar Alam v. The State Of Bihar

2023-07-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27764 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Ijahar Alam Son Of Bhola Mian Resident Of Village- Govindapur, PsHarsidhi, Distt- East Champaran 2.

Mukhtar Alam Son Of Late Amin Mian Resident Of Village- Govindapur, Ps- Harsidhi, Distt- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar Srivastava, Advocate For the Opposite Party/s :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 354B,379 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, when the informant was constructing wall in her land, all the FIR named accused persons including the petitioners came there and abused and assaulted the informant and his mother. Petitioner no.2 outraged modesty of mother of the informant. Accused persons also snatched her mangalsutra.

4. Petitioners and informant are co-sharers and due to prior land dispute, an altercation took place between them and

Patna High Court CR. MISC. No.27764 of 2023(2) dt.14-07-2023 2/2 taking advantage of the situation this false case has been lodged. Case and counter case. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Harsidhi Police Station Case No. 461 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T