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Patna High CourtCR. MISC./63009/2021bail granted

Anjum Nisha v. The State Of Bihar

2022-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63009 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

ANJUM NISHA WIFE OF MD. MOIEM RESIDENT OF MOHALLAKADIRABAD, POLICE STATION L.N.M.U DISTRICT- DARBHANGA 2.

MD NAUSHAD Son of Md. Moiem Rsident of Mohalla- Kadirabad, P.SL.N.M.U, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code.

As per the F.I.R., on 02.06.2021 at 6:00 PM, petitioner no. 1 stopped the informant on road and asked her to marry her daughter (informant's daughter) with her son (petitioner no. 2), otherwise her daughter would be kidnapped, which the informant denied. In the meanwhile, co-accused Moiem came and ordered to kill the informant and thereafter, petitioners and others assaulted informant with fists and slaps. It is further alleged that when son of informant came to save her mother, he was also assaulted by the accused persons.

Patna High Court CR. MISC. No.63009 of 2021(2) dt.11-07-2022 2/2 It is submitted on behalf of petitioners that no such occurrence, as alleged in the F.I.R., has taken place. Both sides are next door neighbours and due to petty dispute, a simple Maarpit took place between the parties and petitioners have been falsely implicated in this case. Though, there is allegation of outraging the modesty of informant, but same has been added in the F.I.R. to make the case of serious nature. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VIII, Darbhanga in connection with L.N.M.U. P.S. Case No. 201 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T