Md. Zainul Abedin @ Zainul Abedin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37133 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- AMAUR District- Purnia ====================================================== 1.

Md. Zainul Abedin @ Zainul Abedin Son Of Late Noor Mohammad R/O Village- Madarsa Tola, Halalpur, P.S.- Amour, District- Purnea 2.

Md. Saddam @ Md. Shahzad Raza Son Of Late Islam R/O VillageChhopra, P.S.- Baisi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Arbind Kumar Pandey For the Informant Mr. Ram Prawesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2022 Earlier prayer for bail of the petitioner no. 2 has already been dismissed as withdrawn.

Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 376, 458, 459, 504, 506, 34 of the Indian Penal Code. Petitioner along with other are said to have committed rape with the wife of the informant and also looted away some

Patna High Court CR. MISC. No.37133 of 2022(3) dt.08-08-2022 2/3 articles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties. He submits that after investigation, the police has filed the final form but the learned court below differ the final form and taken cognizance against the petitioner. He further submits that petitioner has three criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that 82 and 83 has been issued against the petitioner. It is also submitted that the victim has supported the prosecution story in her statement recorded under Section 164 of the Cr.P.C.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amour P.S. Case No. 34 of 2021, subject to the

Patna High Court CR. MISC. No.37133 of 2022(3) dt.08-08-2022 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T