Md. Rakib @ Chotu @ Md. Raquib An v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14812 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- SIKTI District- Araria ====================================================== 1.

MD. RAKIB @ CHOTU @ MD. RAQUIB AN Son of Md. Ishaque Resident of Village- Kachna Ward No. 04, P.S.- Sikty, District- Araria. 2.

Md. Raja @ Shams Reza Son of Md. Ishaque Resident of Village- Kachna Ward No. 04, P.S.- Sikty, District- Araria.

3.

Md. Zishant @ Nanha @ Md. Zeeshan Ahmad Son of Md. Zahid Hussain Resident of Village- Kachna Ward No. 04, P.S.- Sikty, District- Araria. 4.

Md. Akil Son of Md. Zahid Hussain Resident of Village- Kachna Ward No. 04, P.S.- Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 323, 379, 354B and some other minor Sections of the Indian Penal Code. As per the prosecution case, on 01.11.2020 at 10.30 PM all the FIR named accused persons, including these petitioners, assaulted the informant and took away her daughter, torn her clothes and made her naked and also snatched silver ornaments from her neck.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.14812 of 2021(11) dt.08-08-2022 2/2 that petitioners are innocent and have falsely been implicated in the case. No specific allegation of assault has been made against these petitioners and and allegation of assault is general and omnibus against them. There is no injury report on record. As a matter of fact both parties are next door neighbours and land dispute is going on between them and on that there was exchange of hot talks between them and informant taking advantage of the situation lodged this false case. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall 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 Judicial Magistrate, 1st class, Araria in connection with Sikty PS case No. 186/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T