Gulam Rabbani @ Md.Gulab Rabbani v. The State Of Bihar
Patna High Court Cr.Misc. No.5354 of 2018 (2) dt.07-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5354 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -BAUSI District- PURNIA ======================================================
1. GULAM RABBANI @ MD.GULAM RABBANI S/o Mustaque Ahmand, R/o Village- Mahsail, P.S.- Routa, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.
The petitioner apprehends his arrest in Baisi P.S. Case No.188 of 2017 registered under Sections 323, 341, 353, 387, 504, 506 of the Indian Penal Code.
The informant, Clerk of Sub-divisional Office, Baisi alleged that the petitioner came to enquire about the status of his case No.257(M) of 2017 initiated under Section 144 of the Cr.P.C. The petitioner began to abuse and assaults the informant. The informant further alleged that the petitioner snatched the file and torn the same. The informant alleged that the occurrence took place in presence of Advocates and other staff of the court. The learned counsel for the petitioner submits that false allegation is made against the petitioner. The period of
Patna High Court Cr.Misc. No.5354 of 2018 (2) dt.07-02-2018 proceeding initiated under Section 144 Cr.P.C. has elapsed on account of negligence of the Bench Clerk and that is why the petitioner raised objection. In order to save his own skin, the Bench Clerk filed this false case but it appears that informant made specific allegation that the petitioner entered into the office and abused the informant and others and torn the official records of the case.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/- U T