Umar Ali @ Umaar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79875 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Umar Ali @ Umaar Son of Ataur Rahman R/O Village- Baidyanathpur, P.S.- Amdabad, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Krishna, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-05-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Amdabad P.S.Case No.188 of 2023, registered for the offences punishable under Sections 341, 342, 376, 504 and 506/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, petitioner is the father of co-accused Anjarul Haque, who, on the pretext of getting married with the informant, made physical relation. The informant gave birth to a child but when the father of the informant went to the house of the petitioner for solution, he was abused and attacked with sickle.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79875 of 2023(3) dt.08-05-2024 2/3 petitioner submitted that the petitioner has been falsely implicated in the case. Petitioner is the full brother of the father of the informant. As such, the informant is the niece of the petitioner and she has not complained against the petitioner.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the informant is the niece of the petitioner and she has not made specific allegation any time before lodging of the FIR against the petitioner, the petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Subhash Chandra Nishad, J.M. Ist Class, Katihar/concerned court, in connection with Amdabad P.S.Case No.188 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.79875 of 2023(3) dt.08-05-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U