Md. Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7964 of 2019 Arising Out of PS. Case No.-819 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Farooque Son of Md. Sahid R/o Village- Murliachak, Ward No. 3, P.S. and District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 This application, for grant of anticipatory bail, arises out of Sitamarhi P.S. Case No. 819 of 2018, disclosing offences under Sections 341, 323, 324, 354, 379/34 of the Indian Penal Code.

Prosecution case is that petitioner and other accused persons entered inside the house of the informant and assaulted her and thrashed her on the ground and specific allegation against this petitioner that he assaulted her by means of farsa and there is allegation against other accused persons is of trying to disrobe the informant.

Submission of learned counsel for the petitioner is that for the same occurrence, two cases have been lodged by the informant and although there is allegation against the petitioner of assaulting the informant, however, offence is not under

Patna High Court CR. MISC. No.7964 of 2019(6) dt.13-05-2019 2/2 section 307 of the Indian Penal Code rather allegation under Section 323 and 325 of the Indina Penal Code has been levelled. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 819 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T