Jamal Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.196 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- NARHATT District- Nawada ====================================================== Jamal Khan Late Matwar Khan Vill-Ankari,P.S-Narhat, Distt.-Nawada. ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr Amitesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Heard the parties.
The petitioner seeks anticipatory bail in connection with Narhat P.S.Case No. 236 of 2018, registered for offences punishable under Sections 323, 341, 448, 452, 354 (B)/34 of the Indian Penal Code.
Allegation as per F.I.R. against the petitioner is that the petitioner has not allowed to attend the informant to attend in Imambara for Fatiha ceremony and when she returned to her house, the petitioner along with other accused persons entered the house of the informant and committed assault and torn her clothes and also trued to outrage her modesty. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and F.I.R. has been lodged after four days delay of the occurrence.
Patna High Court Cr.Misc. No.196 of 2019(3) dt.31-01-2019 2/2 It is also submitted that there is no criminal antecedent against the petitioner.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.
This application is accordingly dismissed.
(Vinod Kumar Sinha, J) sudha/- U T