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Patna High CourtCR. MISC./45340/2015bail granted

Md. Sanaullah v. The State Of Bihar

2015-11-03Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45340 of 2015 Arising Out of PS.Case No. -208 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== Md. Sanaullah Son of Late Mir Unus resident of village - Khrail Puranbas, Ward No. 16, Police Station & District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 354, 379, 427 and 307 of the Indian Penal Code.

The prosecution case is that the accused persons including the petitioner came variously armed and started abusing the husband of the informant. On protest being made on the order of co-accused Md. Islam, Md. Khalid assaulted with Dabia to the husband of the informant, Md.

Patna High Court Cr.Misc. No.45340 of 2015 (2) dt.03-11-2015 2/3 Kasim Ansari causing cut injury on the head, Md. Juber assaulted with iron rod causing fracture injury of the left arm, the petitioner alleged to have pointed pistol and demanded extortion of Rs.500/- per month. When the informant went to rescue then co-accused Md. Islam pulled her sari as a result she naked and Md. Khalid make attempt to ravish the informant. It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. Accusation of assault is not specific against the petitioner. It is only alleged against the petitioner that he threatened by pointing pistol for demand of extortion, but no money was paid and there is a counter version of the occurrence also.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 208

Patna High Court Cr.Misc. No.45340 of 2015 (2) dt.03-11-2015 3/3 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T