Md Noor Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31263 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- BRAHMPURA District- Muzaffarpur ====================================================== MD NOOR ISLAM S/o Late Idrish Resident of Mohalla- Mehandi Hassan Chowk R.B. College, P.S.- Brahmpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 15.02.2021 at 1:00 PM, when she was in her house, when petitioner was cutting the hut for making the way on which the informant protested, thereafter petitioner assaulted her with chopper on head causing injury, it is also alleged that three other accused supported the petitioner. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.31263 of 2022(2) dt.22-11-2022 2/2 next submitted that the date of occurrence is 15.02.2021 and the FIR came to be instituted on 20.02.2021 without any plausible explanation for the delay which cast aspersion on the veracity of allegation as alleged in the FIR.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Brahampura P.S. Case No. 61 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T