Md. Gyassuddin Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19221 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -KHAGAUL District- PATNA ====================================================== Md. Gyassuddin Quraishi S/o Late Md. Gaffar Quraishi resident of Bari Khagaul, Raish Ansari Road, P.S. - Khagaul, District - Patna. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Tilak Sao, Adv. For the Opposite Party : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Khagaul P.S. Case No.22/17 registered for the alleged offences under Sections 147, 341, 323, 324, 307, 504, 506, 148, 354 and 149 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other persons armed with various weapons descended at the shop of the informant and assaulted her and her husband. They tore her blouse and misbehaved with her daughters.

Learned counsel for the petitioner has submitted that this false case has been lodged against him in retaliation to Khagaul P.S. Case No.23 of 2017. The allegation levelled against the petitioner is not specific rather omnibus in nature. The injury report of the husband of the informant indicates that he had

Patna High Court Cr.Misc. No.19221 of 2017 (02) dt.13-06-2017 - 2 - sustained injuries like abrasion and body ache. Though he has been referred for CT-scan but there is no CT-scan report in the case diary till date. Learned counsel for the petitioner has also submitted that one similarly situated co-accused Md. Sonu has already been enlarged on bail by the learned Magistrate. This fact has been brought on record by way of filing supplementary affidavit.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Danapur (Patna) in Khagaul P.S. Case No.22/17, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Trivedi/- U T