Atiullah @ Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42391 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== ATIULLAH @ SIDDIQUE son of Nabi Ahmad Resident of VillagePakhopali PS - Uchkagaon Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najeeb Ahmad, Advocate For the Opposite Party/s :

Ms. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 379, 354B, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. The informant alleges that on account of dispute relating to construction of roof, the petitioner along with the accused persons came and assaulted her and her family members and Jabiullah and petitioner torn her and her daughter's clothes.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner and the informant are neighbour

Patna High Court CR. MISC. No.42391 of 2023(2) dt.08-08-2023 2/2 and on account of construction of roof, the present occurrence took place in which both sides assaulted. It is next submitted that the injury suffered by the injured is simple in nature and the allegation of tearing clothes is ornamental to give serious colour to the case.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Uchkagaon P.S. Case No. 398 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T