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Patna High CourtCR. MISC./42169/2022allowed

Bablu Anshari @ Tahir Husain v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42169 of 2022 Arising Out of PS. Case No.-207 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== BABLU ANSHARI @ TAHIR HUSAIN Son of Late Khalil Anshari R/o Village - Basdiha, P.S.- Kutumba, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kutumba P.S. Case no. 207 of 2020 instituted for the offence under Sections 341, 323, 504, 354, 448, 34 of the Indian Penal Code.

It is a case of outrage the modesty, misbehaving with the informant and assaulting her brother.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case due to family dispute. The allegation of outrage the modesty is against co-accused namely, Jakir Anshari. It is further submitted that general and omnibus

Patna High Court CR. MISC. No.42169 of 2022(2) dt.07-12-2022 2/2 allegation has been made against the petitioner and no specific overt act is alleged against him. Similarly situated co-accused persons have been granted anticipatory bail by co-ordinate bench of this court vide order dated 25.05.2022 in Cr. Misc. No. 36107 of 2021 which is annexed as Annexure 2. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kutumba P.S. Case no. 207 of 2020, he will be enlarged 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 learned Chief Judicial Magistrate, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T