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Patna High CourtCR. MISC./58683/2022allowed

Tarannum @ Tarannum Praveen v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58683 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- JAMALPUR District- Darbhanga ====================================================== 1.

TARANNUM @ TARANNUM PRAVEEN W/O ASARAF Resident of Village- Jhagarua, P.S.- Jamalpur, District- Darbhanga. 2.

NURULLAH @ MD. NURULLAH S/O LATE SALIM Resident of VillageJhagarua, P.S.- Jamalpur, District- Darbhanga. 3.

ATUR RAHMAN S/O MD. USMAAN Resident of Village- Jhagarua, P.S.- Jamalpur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 341, 342, 307/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The occurrence took place on 17.05.2022 and the FIR was lodged on 29.05.2022 i.e. after a

Patna High Court CR. MISC. No.58683 of 2022(2) dt.22-12-2022 2/2 delay of 12 days, without giving any plausible explanation regarding the said delay which creates a serious doubt on the genuineness of the prosecution case. He further submits that the specific allegation is against the co-accused Obaidullah. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a delay in lodging of FIR, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamalpur P.S. Case No.65 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T