Arman Ali @ Armaan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82748 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

Arman Ali @ Armaan Ali S/o Md. Najruddin @ Najruddin Miya R/OSurhiya, PS- Sidhwaliya, Dist- Gopalganj 2.

Md. Sajim @ Sajim Mian S/o Qurban Miya R/O- Dighwdubauli, PSBaikunthpur, Dist- Gopalganj ...

... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh For the Informant/s : Mr. Suresh Pd. Singh, Adv Ms. Kumari Rashni, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Sidhwaliya P.S. Case No. 213 of 2024 registered for the offence under Sections 329(3), 126(2), 115(2), 118(1), 109, 352 and 3(5) of the Bhartaiya Nyaya Sanhita.

3. The case of the prosecution is that Arman Ali petitioner no. 1 is alleged to have illicit relation with the wife of

Patna High Court CR. MISC. No.82748 of 2024(2) dt.10-12-2024 2/3 informant namely Rubi Begum. There was a Panchayat on 28.07.2024. It is further alleged that Arman Ali assaulted with knife on the neck of the informant. It is further alleged that petitioner no. 2 is the main conspirator.

4. Learned counsel for the petitioners submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the FIR itself, it is clear that only allegation against the petitioner no. 2 is that he has conspirated, whereas main thrust of allegation is against Arman Ali who has given a knife blown on the neck of the informant. But from perusal of the injury report, it transpires that the informant has received a cut injury on his chin. Petitioners are having no criminal antecedent.

5. During course of argument, the learned counsel for the informant Kumari Rashni was present and she has stated that the petitioners caught threatening him the informant of dire consequences.

6. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this

Patna High Court CR. MISC. No.82748 of 2024(2) dt.10-12-2024 3/3 Court are inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sidhwaliya P.S. Case No. 213 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) krishnakant/- U T