Md. Nasir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11646 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== MD. NASIR Son of Phool Mohammad Resident of Village- Jhikti, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate Mr. Abhishek Bhardwaj, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/354B/447/34 and other allied sections of the Indian Penal Code. As per the prosecution case, the petitioner tried to outrage modesty of the informant. Petitioner and other accused persons also assaulted the victim and her family members. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is delay of 17 days in lodging of the FIR and there is no explanation of delay. Moreover, it has been alleged that petitioner and other accused persons assaulted the victim
Patna High Court CR. MISC. No.11646 of 2023(2) dt.22-06-2023 2/2 and her family members, but the doctor has found only simple injuries. Petitioner claims clean antecedent. Considering the delay in lodging of the FIR as well as the clean antecedent of the petitioner, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII cum Special Judge, POCSO Act, West Muzaffarpur in Kudhani Police Station Case No. 337 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T