Md. Akmal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25537 of 2019 Arising Out of PS. Case No.-453 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Akmal Son of Md. Mumtaz Ali Resident of Village- Khutti Hasili Nagar Tola, P.S.- Sri Nagar, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with K. Nagar (Sri Nagar) P.S. Case No. 453 of 2018 registered for the offence punishable under Sections 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code. Petitioner is said to have taken the daughter of the informant to the bamboo clump in order to outrage her modesty, but she anyhow managed to escape. When the informant made inquiry of the occurrence, all the accused persons including the petitioner intruded into her house and Md. Usman assaulted the son and daughter of the informant by means of iron rod. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.25537 of 2019(2) dt.24-04-2019 2/2 that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner does not happen to be assailant. There is case and counter case between the parties. Earlier to the case under hand, a proceeding under Section 144 Cr.P.C. has been fought between the parties and a Title Suit bearing Title Suit No. 74/2018 is also pending between them over the property dispute. The petitioner has no criminal antecedent.
In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Nagar (Sri Nagar) P.S. Case No. 453 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T