Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44745 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Md. Noor Alam Son Of Late Aslam Alam Village- Rampur Ps- Gogri DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 448, 354(A), 354(B), 504, 506 and 34 of the Indian Penal Code. Allegation against the co-accused persons along with this petitioner is that they tried to outrage the modesty of the informant as well as assaulted her on the point of pistol. It is further alleged that they gave dire consequences if told the said occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village rivalry. It is further submitted that there is no repetition of assault upon the

Patna High Court CR. MISC. No.44745 of 2023(2) dt.28-07-2023 2/2 informant's family as well as informant, so no case is made out in Section 354(B) of the Indian Penal Code. It is also submitted that there is land dispute between the informant and other coaccused persons, for which petitioner tried to solve the issue as a Sarpanch. Thereafter, the informant filed a false case against the petitioner to teach him a lesson. Informant is a married lady. Moreover, the petitioner is languishing in judicial custody since 20.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gogari P.S. Case No. 56 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class Khagaria.

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