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Patna High CourtCR. MISC./1839/2023allowed

Belal Ahmad Khan v. The State Of Bihar

2023-02-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1839 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== BELAL AHMAD KHAN S/O LATE ZUBAIR AHMAD KHAN @ JUBAIR KHAN R/v- Ratanpura, P.S.- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Adv.

Mr.Rohit Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 447, 448, 325, 379, 354B, 504, 506/34 of the IPC.

Allegation against the petitioner is that he and other accused persons assaulted the informant and tried to outrage her modesty. It is further alleged 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 has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.1839 of 2023(2) dt.09-02-2023 2/2 place. It is submitted that there is an admitted land dispute between the parties and they are agnates. For the alleged occurrence, there is case and counter-case between the parties. Both sides have sustained injuries and the same were simple in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for 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 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, corresponding to G.R. No.1749 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T