Ozair Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2731 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== OZAIR AHMAD S/O Late Dawood Khan R/O Village- Ratanpura, P.SAshok Paper Mill, District- Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bipin Chandra For the Opposite Party/s :
Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard the parties.
The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 447, 325, 379, 354B, 504, 506/34 of the Indian Penal Code.
Allegedly, the petitioner provoked the co-accused persons to assault the informant, the co-accused persons assaulted the informant and tried to outrage her modesty. It is further alleged that when the informant's aunt and mother came for rescue, the accused also torn their clothes.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 omnibus in nature. There is an admitted land dispute between the parties.
Patna High Court CR. MISC. No.2731 of 2023(3) dt.19-06-2023 2/2 There is a case and counter-case between the parties and both sides have sustained injuries and the same were simple in nature. Petitioner has no criminal antecedent and similarly situated coaccused has been granted anticipatory bail by this Court vide order dated 09.02.2023 passed in Cr. Misc. No.1839 of 2023. 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/her 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 Ashok Paper Mill (A.P.M.) P.S. Case No.104 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