Arshad Khan @ Areshad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32118 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -KOTHI District- GAYA ====================================================== Arshad Khan @ Areshad Ali, Son of Kalimuddin Khan @ Kaloo Khan, Resident of village- Dharhara, P.S.- Kothi, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Ashraf Ansari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kothi P.S. Case No.17 of 2015 for allegedly having committed the offence under Section 354 of the Indian Penal Code.

Learned counsel for the petitioner submits that in the present case, false and malicious allegation has been levelled against the petitioner to tarnish his image and harass him. Learned counsel further submits that there has been a land dispute between the parties and the girl in question has made false allegation only because the earlier proceeding under Section 144 Cr.P.C has failed. Learned counsel further submits that in connection with the dispute between the petitioner and the informant, the petitioner had already filed an informatory

Patna High Court Cr.Misc. No.32118 of 2015 (2) dt.14-08-2015 2/2 petition in the year 2013 itself alleging that they are of belligerent nature and has been harassing him. Considering the aforementioned facts and circumstances and the facts that the petitioner has been made an accused in one case bearing Khoti P.S. Case No.6/12, in which he has been exonerated and another case under Section 7 of the Essential Commodities Act and also another case under Section 379 of the Indian Penal Code between the same parties, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Narendra Pal Singh, learned J.M. 1st Class, Sherghatti, DistrictGaya, in connection with Kothi P.S. Case No.17 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T