Sajjad Shah v. The State Of Bihar

Patna High Court Cr.Misc. No.31089 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31089 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Sajjad Shah, son of Md. Mofid Shah, resident of Village- Malmaliya Ward No.12, Police Station- Pratapganj, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-07-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Supaul Mahila P.S. Case No. 25 of 2017 instituted for the offences punishable under Sections 341, 354(B), 379, 354, 34, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioner submits that the F.I.R. named accused person including this petitioner are full brothers and agnates of the informant. The informant has lodged this case on account of land dispute, which is going on between them. It is not expected that two full brothers would commit such type of occurrence with ulterior motive. The allegation of taking a sum of Rs. 10,000/- and silver necklace from her

Patna High Court Cr.Misc. No.31089 of 2017 (2) dt.12-07-2017 possession has been made only to make the offence grave and so the petitioner deserves anticipatory bail.

The learned APP for the State opposed the submissions.

On perusal of the impugned order of Sessions Judge, it appears from paragraph-10 of the case diary that one of the witnesses has stated that the date of occurrence, the petitioner allegedly abused the informant. Both the parties are agnates. There is no antecedent against the petitioner. In the aforesaid facts and circumstances, the anticipatory bail prayer is allowed. The petitioner, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No. 25 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajaypd./- U T