Md. Sohel @ Md. Sohel Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5374 of 2022 Arising Out of PS. Case No.-28 Year-2018 Thana- RANIGANJ District- Araria ====================================================== Md. Sohel @ Md. Sohel Ahmad Son Of Jainul @ Jainna @ Md. Jainul Miyan R/O Village- Bhorho, P.S.- Raniganj, District- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 457, 376/511 of the Indian Penal Code.

The prosecution allegation, in short, is that the petitioner outraged the modesty of the informant and also tried to commit rape upon her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.5374 of 2022(2) dt.16-05-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. After investigation, the police has submitted final form against the petitioner vide Annexure-2 to the present application. The Court below had differed with the police report and took cognizance in the present case. From perusal of the F.I.R., it appears that at best it is a case for offence under Section 354 IPC which is triable by Magistrate. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Araria in connection with Raniganj P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T