Ibran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38292 of 2014 Arising Out of PS.Case No. -3482 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Ibran Son of Razzaque resident of village- Par Kakan, Police StationJokihat, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Case No. 3482-C of 2013 registered for the offences punishable under Sections 323, 341, 504, 380, 354-A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely roped into the case and the occurrence has been occasioned on account of previous land dispute between the petitioner and the complainant. It is further submitted that there is a delay of about 25 days in filing the present complaint petition. Learned counsel for the petitioner has also brought on record a certificate issued by the village Sarpunch stating therein that the complainant is in the habit of making false allegations

Patna High Court Cr.Misc. No.38292 of 2014 (3) dt.15-04-2015 P2/2 against innocent people. However, it is not known under what circumstance, after a period of about four months, the Sarpunch has got activated and issued such certificate in support of the accused person.

Considering the nature of allegation and also the fact that there is clear allegation that the petitioner was trying to outrage the modesty of Farhana, daughter of the complainant, I am not inclined to grant anticipatory bail to the petitioner and is accordingly rejected.

However, if the petitioner surrenders before the Court below within a period of three weeks from today, the Court may pass orders without being prejudiced by the present order. (Anjana Mishra, J) Saif/- U T