Atiullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39696 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== ATIULLAH SON OF MOHAMMAD KHALIL @JOKHU MIAN RESIDENT OF VILLAGE- NONAURA, P.S.- GHORASHAN, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Ajay Kumar Singh, learned Advocate for the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ghorashan P.S. Case No. 184 of 2020 dated 17.05.2020 instituted for the offences under Sections 341, 323, 326, 354, 354-B, 504 and 34 of the Indian Penal Code.

The accusation in the FIR is that while the daughter of the informant was sleeping in her house, the petitioner scaled over the house and started misbehaving

Patna High Court CR. MISC. No.39696 of 2020(2) dt.08-12-2021 2/3 with his daughter.

Learned counsel for the petitioner has submitted that the accusation is absolutely false and there is no other evidence to support the aforesaid allegation. The fact of the matter is, learned counsel for the petitioner asserts, that the informant had taken a loan from the petitioner, who is his neighbour, of an amount of Rs. 10,000/- which was not being returned. Hence, the false accusation.

Considering the falsity of the allegation and realizing the mistake, the informant now does not wish to prosecute the petitioner any further.

Regard being had to the bald accusation without any supporting evidence and the fact that the informant does not wish to prosecute the petitioner any further, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his

Patna High Court CR. MISC. No.39696 of 2020(2) dt.08-12-2021 3/3 furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- 3rd , Sikrahana at Dhaka, East Champaran in connection with Ghorashan P.S. Case No. 184 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T