← Library
Patna High CourtCR. MISC./70593/2018bail granted

Enayat Karim @ Enayat @ Ainayat Karim v. The State Of Bihar

2019-04-16Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70593 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== Enayat Karim @ Enayat @ Ainayat Karim, Son of Hafiz Karimuddin, Resident of Village - Biseni Khurd, P.S. - Nasriganj, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Bhagat For the Opposite Party/s :

Mr.Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 427, 504 and 506 of the Indian Penal Code. The prosecution case as per the written report of Shahjahan Bibi submitted to the Station House Officer of Nasriganj Police Station is to the effect that on 03.09.2018 at 12.30 P.M., the petitioner entered into the house of the informant and started teasing the deaf and dump daughter of the informant, aged about 18 years when protest was made by the informant, she was assaulted by the petitioner and he escaped from the scene.

It is submitted by learned counsel for the petitioner that the informant was pressurizing the petitioner to marry with

Patna High Court CR. MISC. No.70593 of 2018(4) dt.16-04-2019 2/3 deaf and dump daughter of the informant and when the petitioner refused to marry her, then the present case has been lodged with malicious accusation against him. The accusation is not being corroborated by the medical opinion. A supplementary affidavit has been filed by the petitioner to the effect that the informant has retracted from the initial version and a petition to that effect has been filed before the learned Court below. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the informant submits that the present case has been filed under some misconception and the informant has retracted from the initial version.

Considering the fact that the accusation is not being corroborated by the medical opinion and the informant has retracted from the initial version, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.70593 of 2018(4) dt.16-04-2019 3/3 Magistrate, Bikramganj (Rohtas) in connection with Nasriganj P.S. Case No. 213 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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