Mumtaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48664 of 2022 Arising Out of PS. Case No.-368 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Mumtaz Khan S/O Nabi Hashan Khan Resident Of Village- Semra, P.S.- Chakia, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 341, 376, 380, 452, 504, 5011, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner and informant are family members and due to some altercation, the present case has been filed. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.48664 of 2022(2) dt.08-12-2022 2/2 bail and submits that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Chakiya P.S. Case No. 368 of 2020. (Anjani Kumar Sharan, J) devendra/- U T