Md. Imteyazuddin @Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30016 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -KHAJEKALA District- PATNA ====================================================== Md. Imteyazuddin @ Banti, Son of Md. Shafique Uddin, resident of Mohalla - Shah Ki Imli, Patna City, P.S. - Khajekalan, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Case diary in the present case was earlier called for, which has since been received.

The petitioner is apprehending his arrest in connection with Khajekala P.S.Case No. 64/14 registered under Sections 387, 307 IPC and 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is the husband of the maternal granddaughter of the informant of the present case. It is further submitted that earlier also two cases had been filed by them; one under Section 366A in which the victim, wife of the petitioner had appeared and made her statement under Section 164 Cr.P.C. and on the basis of the same the petitioner was granted bail. Subsequently again his mother-in-law had filed a case against the petitioner under Sections 385, 387 IPC and the Arms Act in which also the

Patna High Court Cr.Misc. No.30016 of 2015 (3) dt.14-10-2015 petitioner was granted bail. All efforts having been failed the present case has been filed against the petitioner by the informant making false and frivolous allegation.

Learned counsel for the State after perusing the case diary submits that none of the witnesses has supported the present occurrence of firing and that too there is no sign of firing at the place of occurrence.

Considering the aforementioned facts and circumstances and the nature of dispute between the parties and that there is no further cogent material in the case diary against the petitioner, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Khajekala P.S.Case No. 64/14 to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U