Md Ayub @ Md. Eyub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3366 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Md. Ayub @ Md. Eyub Son of Md. Muslim Kujara, Resident of VillageMishrauliya, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2024 Heard Mr. Subhash Kumar Jha, the learned counsel for the petitioner and Mr. Shailendra Kumar Singh, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Babubarhi PS Case No. 232 of 2023, FIR dated 21.07.2023, registered for the offences punishable under Sections 341, 354(A)(iv), 354(D), 504 and 506 of the Indian Penal Code and under Section 8/12 of POCSO Act. 3.

According to prosecution case, the petitioner misbehaved with the informant.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute between the parties. He further submits that the allegations are

Patna High Court CR. MISC. No.3366 of 2024(2) dt.07-02-2024 2/3 false and fabricated and the petitioner has not committed any offence as mentioned in the FIR and the present FIR is instituted only to harass the petitioner and his family members due to land dispute.

5.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances and the fact that the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Madhubani, where the case is pending in connection with Babubarhi PS Case No. 232 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without

Patna High Court CR. MISC. No.3366 of 2024(2) dt.07-02-2024 3/3 sufficient reason, his bail bond shall be cancelled by the Court below.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T