Najrul Ansari @ Najrul Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51317 of 2022 Arising Out of PS. Case No.-3 Year-2018 Thana- PALANWA District- East Champaran ====================================================== Najrul Ansari @ Najrul Miyan Son Of Badri Miyan @ Badari Miyan R/O Village- Gad Bahuari, P.S.- Palanwa, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 324, 325, 326, 307, 376, 511, 504 and 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the petitioner attempted to commit rape upon the informant and also assaulted her with knife due to which she sustained injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2022. Chargesheet/prosecution report has been submitted in this case. There

Patna High Court CR. MISC. No.51317 of 2022(2) dt.22-12-2022 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The allegation of attempt to commit rape has been added to make the allegation grave.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, East Champaran, Motihari in connection with Trial No. 1944 of 2021 arising out of Palanwa P.S. Case No. 03/2018. (Sudhir Singh, J) Pankaj/- U T