Iftekhar @ Iftekhan @ Bachu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55341 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- DHAKA District- East Champaran ====================================================== IFTEKHAR @ IFTEKHAN @ BACHU, aged about 50 years, Male, Son of Late Shamshul Haq, Resident of Village-Mauja Dhaka, Ramchandra, Police Station-Dhaka, District-East Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar Tondon, Adv.

For the Opposite Party :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Dhaka P.S. Case No. 56 of 2019 for the offences alleged under Sections 341, 323, 354, 354B, 327, 379, 504, 506 and 34 of the Indian Penal Code.

The accusation is that informant, Nuzhat Jahan, let out her two rooms' house situated at Azad Nagar, Dhaka Main Road, Motihari, to Rahmatullah and Imamuddin, but, they did not pay the rent. On 12.02.2019, informant along with son, Zafar Imam, went there, asked to Rahmatullah to pay rent, which he refused to pay, saying that the house is not belonging to her. When informant made protest, then, Rahmatullah started to cause assault to the son of the informant and he fell down. He also snatched her ear-rings and this petitioner took Rs.1,000/- from the pocket of the son of the informant. The submission of the learned counsel for the

Patna High Court CR. MISC. No.55341 of 2019(2) dt.02-09-2019 2/2 petitioner is that while the petitioner is named in the first information report, but, specific allegation of causing assault on the informant is against Rahmatullah and only allegation against the petitioner is that he took Rs.1,000/- cash from the pocket of the informant's son. Petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dhaka P.S. Case No. 56 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Sikhrahana, Dhaka, Motihari, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T