Patna High CourtCR. MISC./16997/2018bail granted

Shabir Alam v. The State Of Bihar

2018-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16997 of 2018 Arising Out of PS.Case No. -56 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Shabir Alam Son of Sarfiruddin Resident of Village Manjhok, P.S. + District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/325/354/379/34 of the Indian Penal Code.

For family dispute, allegation is against the petitioner and co-accused Tanbir Alam to have thrashed the informant on the ground and attacked with dagger. Co-accused Tanbir Alam has already been allowed anticipatory bail by a coordinate Bench of this Court and prayer of anticipatory bail was refused to this petitioner only for the reason that there is allegation against the petitioner of attempt to commit rape. Submission is that the case has been registered

Patna High Court Cr.Misc. No.16997 of 2018 (2) dt.28-03-2018 P2/ under Section 354 of the Indian Penal Code, false and exaggerated allegation is there due to family dispute.

Considering the substance in the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kishanganj P.S. Case No.56 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T