Manzoor Alam @ Manzoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82301 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== MANZOOR ALAM @ MANZOOR, aged about 46 years, Male, Son of Habibur Rahman @ Habibu Rahman, Resident of Village - Birpur Khankah Tola, P.S.- Bahadurganj, District - Kishanganj ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Bahadurganj P.S. Case No. 34 of 2019, registered under Sections 341 and 323 of the Indian Penal Code and 25(1-b)(a) and 35 of the Arms Act.

The accusation is that informant, Ataur Rahman, was returning to his house, in the way his son-in-law, Manzoor Alam (petitioner) caught hold him from behind and laid on ground, covered his face and tried to make fire on him, but, could not succeed, thereafter, he started to cause assault through the butt of the pistol. The informant, Ataur Rahman, raised alarm, then, his family members rushed to save him, petitioner started to flee away, but, family members snatched the pistol while petitioner succeeded in fleeing away. It is, further, stated in the first information report that before four years informant had performed the marriage of his daughter with the petitioner, but,

Patna High Court CR. MISC. No.82301 of 2019(3) dt.30-06-2020 2/2 his behaviour is not good with his daughter and there was demand of rupees three lakhs as dowry, regarding which information has already been given in Mahila Police Station. Submission is that admittedly, the petitioner is son-inlaw of the informant, Ataur Rahman, and on the day of occurrence petitioner had gone for vidai of his wife, but, informant was not ready to send his daughter with the petitioner and managed to lodge the present case with false allegation. The 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 Bahadurganj P.S. Case No. 34 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 the Chief Judicial Magistrate, Kishanganj, 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