Md. Jumman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83479 of 2019 Arising Out of PS. Case No.-1576 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== MD. JUMMAN Son of Late Md. Mustaqueem Resident of Village-Sherpur Tola, Amirpur, P.S.-Chandauti, District-Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Md. Ghulam Rabbani Son of Late Mogaljan Mian Resident of VillageSherpur, Tola, Amirpur, P.S.-Chandauti, District-Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1576 of 2016, disclosing the offence under Sections 323, 504, 341, 354, 452, 447, 120-B of the Indian Penal Code.

It is alleged in the complaint petition that the petitioner came to the house of the complainant and attempted to outrage his daughter's modesty and when the complaint's wife and his mother came in rescue, they were abused and assaulted.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner and the complainant both had

Patna High Court CR. MISC. No.83479 of 2019(4) dt.30-06-2020 2/2 contested the panchayat election in which the complainant was defeated and petitioner got elected. That is the reason why the complainant nurtured grudge against the petitioner and a false complaint case has been lodged.

Considering the facts and circumstances and the nature of accusation, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned CJM, Gaya in Complaint Case No. 1576 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T