Patna High CourtCR. MISC./50895/2017rejected

Md. Sami Ahamad @ Sami Ahmad v. The State Of Bihar

2017-11-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50895 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Md. Sami Ahamad @ Sami Ahmad S/o Late Md. Hasimuddin,

2. Bibi Maimun Nisha W/o Md. Sami Ahamad @ Sami Ahmad,

3. Md. Sultan Ahmad @ Md. Sultan S/o Late Haji Abdul Ajij, All are resident of village- Bhokrahi, P.S.- Kishanpur, District- Supaul. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-11-2017 Heard learned counsel for the petitioners and learned counsel for the informant.

The petitioners seek pre-arrest bail in connection with Kishanpur P.S. Case No. 209 of 2017 registered under Sections 420, 467, 471 and 120B of the Indian Penal Code. Learned counsel for the petitioners submitted that it is a case of civil dispute and in order to humiliate and harass the petitioners, their brother has instituted an out and out false case. On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.50895 of 2017 (2) dt.10-11-2017 submitted that the petitioners have not approached this Court with clean hands. He submitted that deliberately the incriminating part of the first information report has not been annexed to the present application and by suppressing material facts, the petitioners are trying to obtain bail from the Court. On query, learned counsel for the petitioners admitted that part of the FIR has not been brought on record. Regard being had to the conduct of the petitioners, I am not inclined to grant them pre-arrest bail. Accordingly, their application for grant of pre-arrest bail is rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T