Marhubul Hasan Farooqui @ Adnan @ Margubul Hasan Farooqui v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39849 of 2017 Arising Out of PS.Case No. -1939 Year- 2014 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== Marhubul Hasan Farooqui @ Adnan @ Margubul Hasan Farooqui, Son of Neyaz Ahmad Farooqui, resident of village-Shirniya, P.S. Ashok Paper Mill, District-Darbhanga. At Present resident of Flat No.104, M.K. Vali Tower, Navpada, Bandra East, Mumbai-400051.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Attaur Rahman, Son of Abdul Ghani, resident of Mohalla-Chakrahmat, P.S.-Laheriasarai, District-Darbhanga.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 18-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C.R. Case No.1939 of 2014 registered under Sections 147, 323, 379 and 504 of the Indian Penal Code.

The allegation of the complainant/opposite party no.2 is that on 27.11.2014 in the morning at about 07.00 A.M., six persons, named in the complaint petition, including the petitioner while abusing came at his house and committed "Maar-Peet" with him. When the complainant/opposite party no.2 fell on the ground, they torn his cloths worth Rs.400/-. Thereafter, on entering into the house of the

Patna High Court Cr.Misc. No.39849 of 2017 (2) dt.18-09-2017 2/2 complainant/opposite party no.2, they also took away the households articles worth Rs.80,000/- from there.

Learned counsel appearing on behalf of the petitioner submits that the co-accused Fatima Farhin, the cousin sister of the petitioner, had lodged Nirmal Nagar P.S. Case No.149 of 2014 for the offence under Sections 498A, 323, 504 and 506/34 of the Indian Penal Code against her husband Habibur Rahman alias Nasir Sheikh, son of the complainant/opposite party no.2, and others, due to that reason, only to put undue pressure, the present case has been lodged by the complainant/opposite party no.2, who is father-in-law of the co-accused Fatima Farhin.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-V-cumAdditional Chief Judicial Magistrate-VI, Darbhanga, in connection with C.R. Case No.1939 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T