Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16000 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Shahabuddin son of Raquiv Resident of village - Belwa, P.S. - Palasi, Dist - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Jokihat P.S. Case No. 264 of 2014 registered for the offences punishable under sections 386, 420, 504 and 506 of the Indian Penal Code.

It is contended that the allegations made in the FIR would not attract the ingredients of the offence punishable under section 386 of the Indian Penal Code. It is further contended that the informant was having an affair with the petitioner but subsequently the petitioner married some other lady and for that reason he has been implicated in a false case. On the other hand, learned counsel for the State has

Patna High Court Cr.Misc. No.16000 of 2015 (4) dt.02-09-2015 2/2 submitted that the petitioner is alleged to have misappropriated Rs.1,00,000/- of the informant and he also tried to blackmail her by taking her photographs.

Regard being had to the materials collected in course of investigation, in the event of arrest or surrender before the court below within four weeks from today, the petitioner Shahabuddin is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 264 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T