Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28589 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Aftab Alam Son of Late Shekh Idrish Resident Of Village- Gad Sishwaniya, PS- Palanwa, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Palanwa P.S. Case No. 154 of 2023 instituted under Sections 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, when the daughter of the informant was going to attend the natural call, in the way, the petitioner and other accused persons surrounded her and

Patna High Court CR. MISC. No.28589 of 2024(2) dt.15-05-2024 2/3 started abusing and assaulting her. It is further alleged the petitioner gave farsa blow on the head of the daughter of the informant causing injury to her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case between the parties. The injury report of the injured has not supported the manner of occurrence. The allegation of molestation against the petitioner is super-addition and the petitioner has no intention to murder anyone. He also submits that the petitioner has one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned SubDivisional Judicial Magistrate, Raxaul, Motihari, East Champaran or Concerned Court Below in connection with

Patna High Court CR. MISC. No.28589 of 2024(2) dt.15-05-2024 3/3 Palanwa P.S. Case No. 154 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T