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Patna High CourtCR. MISC./70469/2019bail granted

Md. Istakh @ Md. Istak v. The State Of Bihar

2019-11-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70469 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- FULKAHA District- Araria ====================================================== MD. ISTAKH @ MD. ISTAK, aged about 40 years, Male, S/O Late Sabdul Mian, Resident of Village- Nawabganj, Buchar tola, P.S.- Fulkaha, DistrictAraria ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Fulkaha P.S. Case No. 124 of 2019 registered under Sections 341, 323, 354, 455 and 34 of the Indian Penal Code. The accusation is that the petitioner, along with 4-5 unknown, came at the house of informant and tried to take her in lap to carry her, then, she raised alarm, on which they started to press. On protest, the petitioner caused injury on her chest and unfolded her clothes and torn her clothes. On hulla, the neighbours rushed there, then, all moved after giving threatening.

Submission is that due to grudge and enmity, the informant has lodged the present case. Further, submission is that Complaint Case No. 1936C of 2019 has also been filed by

Patna High Court CR. MISC. No.70469 of 2019(2) dt.18-11-2019 2/2 Shakeela Khatoon, the wife of the petitioner against the informant and her family members for offence under Sections 341, 323, 379, 354B, 504, 506, 307 and 34 of the Indian Penal Code. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Fulkaha P.S. Case No. 124 of 2019 shall be released 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 Sri Amit Baibhav, Judicial Magistrate, 1st Class, Araria or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T