Syed Farat Abbas @ S. Farat Abbas @ Saiyad Farat Abbas @ Saiyad Farat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81216 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Syed Farat Abbas @ S. Farat Abbas @ Saiyad Farat Abbas @ Saiyad Farat Son Of Syed Muntazir Hussain @ Syed Muntazir Imam @ Muntazir Hussain Resident Of Village- Gopalpur, Ps- Hussanganj, Dist- Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar For the State :
Mr. Narendra Kumar Singh For the Informant :
Mr. Prashant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted learned counsel for the Informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other co-accused persons under conspiracy came near the informant with intention to kill her and her foetus in the womb. It is further alleged that all the accused persons assaulted and tortured the informant in several ways.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.81216 of 2023(2) dt.21-12-2023 2/3 specific rather general and omnibus in nature. He submits that there is earlier dispute between the informant and the petitioner by way of domestic violence along with Section 498(A) of I.P.C., which is pending in the learned Court below. He further submits that in the Domestic Violence Case, the learned Court below has directed the petitioner to pay Rs. 10,000/- per month to the informant and, thereafter, the petitioner has filed an appeal in the learned Court below. He also submits that the injury found upon the informant was simple in nature, this fact is also not denied by learned counsel for the informant. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner has not paid the said amount to the informant till date as directed by the concerned Court in the Siwan Mahila P.S. Case No. 23 of 2019.
6. Considering the facts and circumstances of the case and the nature of the injury, 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
Patna High Court CR. MISC. No.81216 of 2023(2) dt.21-12-2023 3/3 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 Hussainganj P.S. Case No. 132 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T