Md. Asif Zardari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82448 of 2024 Arising Out of PS. Case No.-2292 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Asif Zardari Son of Late Md. Akhtar Alam Resident of village- Dhama ward no. 05, P.s.- Raniganj District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarannum Jahan Wife of Md. Gulfran Alam R/O Vill.- Surajpur, Ward no. 15, Belwa, P.S. and Dist.- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr .Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP For the Complainant :

Md. Naushad Uzzhoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 323 of IPC.

3.

Allegedly, all accused persons along with the petitioner made a forge sale deed from the name of complainant's father to grab the share of the complainant. When panchayat held, they avoided the panchayat and started abusing and assaulting the complainant and also threatened her and took away jewellery worth Rs.20,000/-.

4.

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 enmity. No such

Patna High Court CR. MISC. No.82448 of 2024(2) dt.11-12-2024 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The fact is that the complainant herself made a forged deed with conspiracy only to put pressure and harass the petitioner and others. It is further submitted that there is a civil dispute between the parties. Petitioner has two criminal antecedent as mentioned in para 3 of the bail application and supplementary affidavit.

5.

Learned APP for the State and learned counsel for the complainant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, and the fact that there is civil dispute between the parties, 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 Complaint Case No.2292 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T