Irfan Khan @ Sanni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83967 of 2023 Arising Out of PS. Case No.-1357 Year-2022 Thana- DANAPUR District- Patna ====================================================== Irfan Khan @ Sanni S/o Late Ajahar Khan R/o village- Saguna, Budhiya Kuan, P.S.- Danapur, District- Patna ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, Addl Public Prosecutor Mr. Rajeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner, the State and informant.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 307/354 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, petitioner used to make indecent comment upon the informant on her way to the college and threatened to abduct her if she would not reside with him. Further, on 12 11.2022 he pulled the informant out of her house and tore her clothes and grabbed her breast. It is alleged that the petitioner fired and one of the bullets hit the informant and entered inside her ear. Victim was taken to Danapur Hospital from where she was referred to P.M.C.H., Patna. After some treatment at P.M.C.H., the informant was treated by a doctor of N.M.C.H. and the bullet was taken out from her ear.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Earlier to this case, a Complaint Case No. 11/2022 was filed against the informant and others in which petitioner was one of the witnesses. Thereafter, informant side was threatening the petitioner to implicate him in a dirty and

Patna High Court CR. MISC. No.83967 of 2023(6) dt.13-05-2024 2/2 heinous criminal case. Petitioner claims clean antecedent.

5. Learned counsel for the State and the informant oppose the prayer for bail. Informant's counsel submits that there is specific allegation against the petitioner that he made firing in which bullet penetrated inside the ear of the informant.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T