Kuyam Akhtar @ Chand @ Md. Chand @ Kuym Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36493 of 2023 Arising Out of PS. Case No.-133 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== KUYAM AKHTAR @ CHAND @ MD. CHAND @ KUYM AKHTAR S/O SHAMIM AKHTAR @ MD. RAJA R/O Village- Bakhri, P.S- Bakhri, Distt.- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sabnam Khatoon W/O Md. Sarfuddin R/O Village- Bakhri, Garhi Tola, P.SBakhri, Distt.- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 354, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioner along with other co-accused persons surrounded the complainant and her Bhagini in way and started to abuse and did vulgar behaviour with them. On protest, they assaulted them with fists and slaps.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that after the investigation the police has filed the
Patna High Court CR. MISC. No.36493 of 2023(2) dt.07-08-2023 2/2 final form against the petitioner but the learned Court below differed the final form and took cognizance against the petitioner. He submits that the informant then filed a protest petition which has been registered as a complaint case and cognizance has been taken against the petitioner. He further submits that similarly situated other coaccused person has already been granted bail by a bench of this Court vide order dated 20.01.2021 passed in Cr. Misc. No. 28556/2020. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.133C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T