Injamamul Haque @ Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55594 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Injamamul Haque @ Ismail Son Of Murtuza Ansari Resident Of Village - Bakuchiya, P.S. - Sanichari, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 504, 506, 509, 511 and 34 of the Indian Penal Code and Section 67 of IT Act.

3. Allegation against the petitioner is that he outraged the modesty of the victim(informant) and also tried to commit rape with her. It is further alleged that he started sending obscene messages and also threatened her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. It is further submitted that the victim is major at the time of this

Patna High Court CR. MISC. No.55594 of 2023(3) dt.29-11-2023 2/2 occurrence. The petitioner has not committed any physical wrong with her. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.06.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Yogapatti P.S. Case No. 273 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Shubham/- U T