Patna High Court - Orders
Md. Anwar Ali vs The State Of Bihar on 23 September, 2015
Author: Sudhir Singh
Bench: Sudhir Singh
Patna High Court Cr.Misc. No.26424 of 2015 (3) dt.23-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26424 of 2015
Arising Out of PS.Case No. -85 Year- 2015 Thana -BAHADURPUR District- DARBHANGA
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Md. Anwar Ali son of Late Md. Khalil, resident of Mohalla- Mogalpura,
Moulaganj, Police Station- Laheriasarai and District- Darbhanga.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Prem Kumar Jha, Mukesh Mishra and
Rajesh Kumar Jha, Advocates.
For the Opposite Party : Mr. Sucheta Yadav(App)
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 23-09-2015Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case instituted under Sections 386, 354(D), 506 and 34 of the Indian Penal Code.
It is alleged by the informant that on 31.03.2015 at 8.00 P.M. when the informant was going to his house and reached near Ekmi Pool, the co-accused Md. Manzar Ali and others restrained the informant and demanded Rs. 5 lacs on the point of revolver and other accused were also there and petitioner ordered to make a document of five lacks and upon that order the informant had written as per version of the petitioner on stamp paper and handed over the same to petitioner. It is further alleged that the co-accused Md. Manzar Ali regularly demanded Rangdari Patna High Court Cr.Misc. No.26424 of 2015 (3) dt.23-09-2015 and also threatened on mobile to spoil the life of the informant's daughter. It is further alleged that petitioner Md. Manzar Ali took signature of my daughter on several plain papers before her marriage after threatening to kill her.
It has been submitted on behalf of the petitioner that Bahadurpur P.S.Case No.451 of 2012 was instituted against the petitioner and his family members by the informant of the present case. Subsequently in that case, the matter was compromised between the parties. Thereafter, again this is the second attempt on behalf of the informant instituting the present case for an offence under Section 386 of the Indian Penal Code, this indicates that the informant is in the habit of making a false case and unnecessarily harassing the petitioner and his family members. It has further been submitted that other co-accused, namely, Md. Manzar Alam @ Guddu has been granted anticipatory bail by this Court in Cr.Misc.No.26737 of 2015 vide order dated 22.07.2015.
It has been submitted on behalf of the State and counsel for the Informant that the petitioner is named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two Patna High Court Cr.Misc. No.26424 of 2015 (3) dt.23-09-2015 sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Bahadurpur P.S.Case No.85 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J) B.Kr./-
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