Md. Ali Gauhar @ Ali Gauhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47596 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Ali Gauhar @ Ali Gauhar, Son of Md. Anwar Hussain @ Md. Anwar @ Md. Anwar Hossain, Resident of Mohalla - Imampur, P.S.- Habibpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 70 of 2019, registered under Sections 341, 323, 354, 354(B), 379, 448 and 506 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Bhagalpur.

The accusation is that at about 9 P.M., on 14.03.2019, informant, Ajmeri Khatoon, along with her mother, Bibi Salima were present at her house. At that time, petitioner, who is son of her Maushi, entered in her house and started to outrage her modesty. On raising alarm, her mother came there then petitioner put pistol at the temporal of informant giving

Patna High Court CR. MISC. No.47596 of 2019(2) dt.01-08-2019 2/2 threatening of dire consequence. Thereafter, on raising alarm, petitioner started to flee away pelting lock at the head of the informant and also snatched silver chain from her neck and also took cash of Rs.12,000/- from the box of the informant. Learned counsel for the petitioner submits that, in fact, petitioner, who is cousin brother of the informant and due to family dispute, the present case has been lodged with false allegation.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T