Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56484 of 2022 Arising Out of PS. Case No.-298 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. NEYAZ S/O ABDUL KUDDUS RESIDENT OF VILLAGE- KHAIRI BANKA, P.S.- AUNSI (BISFI), DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 352, 504, 379, 354(B), 427, 504, 506/34 of the Indian Penal Code. The allegation against the petitioner is that he along with other accused persons entered into the house of the complainant and assaulted her. It is also alleged that the accused persons destroyed the entire household goods and caused loss of Rs.40,000/- to the complainant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.56484 of 2022(2) dt.20-12-2022 2/2 omnibus in nature. He further submits that earlier the petitioner's wife lodged a case against the complainant and her family members bearing Bisfi (Aunsi) P.S. case no.141 of 2019 dated 25.05.2019, and thereafter the complainant has filed the present case and falsely implicated the petitioner. He further submits that other co-accused persons have been granted anticipatory bail by the lower court itself. Petitioner has one criminal antecedent.

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

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 C.R case no.298 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T