Harun @ Md. Harun v. The State Of Bihar

Patna High Court Cr.Misc. No.39386 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39386 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -BIRPUR District- SUPAUL ====================================================== HARUN @ MD. HARUN, son of Sk. Anul, resident of village- Baitiya Umal, Ward No. 06, P.S.-Birpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Akshay Lal Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Birpur P.S. Case No. 87 of 2017 registered for the offence(s) punishable under Section(s) 341, 323, 354, 506, 379 of the Indian Penal Code.

Informant has alleged that on 16.04.2017 when she was coming from Birpur market this petitioner all of a sudden came and tried to commit rape.

Learned counsel for the petitioner submits that the informant and the petitioner are resident of same place. A land dispute is going on between the petitioner and husband of the informant for which proceeding under section 144 Cr.P.C. as well as 107 Cr.P.C. were initiated against both the parties in the month

Patna High Court Cr.Misc. No.39386 of 2017 (2) dt.19-08-2017 of March, 2017. A ceiling case bearing No. 01 of 2014 is also pending before the Collector, Supaul. The informant has leveled false allegation only after initiation of proceeding under sections 107 and 144.

Learned Additional Public Prosecutor opposed the aforesaid submission.

Considering the omnibus allegation of outraging the modesty and also the litigation going on between the parties since before the present case, prayer of anticipatory bail is allowed. Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Birpur in connection with Birpur P.S. Case No. 87 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Amit/- U T