Md. Noor Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6381 of 2018 Arising Out of PS.Case No. -295 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Md. Noor Alam Son of Md. Manjoor Alam, Resident of VillageHathioundha, Police Station-Bihariganj, District-Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 354B, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case is to the effect that the petitioner and co-accused Md. Kurban came to the shop of the informant, abused the informant. It is further alleged that coaccused Md. Kurban tore the cloth of the informant when she became semi naked and petitioner took out Rs.40,000/- from the
Patna High Court Cr.Misc. No.6381 of 2018 (2) dt.01-02-2018 cash box of the shop of the informant and co-accused Md. Kurban snatched gold chain worth Rs.43,000/- from the informant.
It is submitted by learned counsel for the petitioner that in the background of dispute with regard to the transfer of the land the accusation has been levelled. The husband of the informant, Md. Isa took money for transferring the land but he has not transferred the land. At earlier point of time the husband of the informant lodged Bihariganj P.S. Case No. 262 of 2017 with similar accusation which was found false during investigation by the police. The thrust of accusation is against co-accused Md. Kurban with regard to pulling the cloth of the informant.
Learned APP submits that the accusation is specific against the petitioner.
Considering the nature of accusation in the background of land dispute, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class -cum-
Patna High Court Cr.Misc. No.6381 of 2018 (2) dt.01-02-2018 ACJM, Uda-Kishunganj (Madhepura) in connection with Bihariganj P.S. Case No. 295 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T