Md. Shalauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10762 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Md. Shalauddin Son of Late Mazid Sah Resident of Village- Ghosait, PsPiribazar, Distt- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Piribazar P.S. Case No. 140 of 2023 registered for the offences punishable under Sections 341, 323, 354(B), 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant and others alongwith other co-accused persons by
Patna High Court CR. MISC. No.10762 of 2024(2) dt.22-02-2024 2/3 means of iron rod and butt of tengari causing head and other bodily injuries and also to disrobe the informant, where occurrence arises out of longstanding land disputes.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case, where occurrence arises out of land dispute. It is further submitted that allegation of outraging the modesty, qua, informant is not specific against this petitioner and injuries as alleged to be caused during the occurrence is simple in nature.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation to outrage the modesty of informant is not specific against this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Lakhisarai/concerned Court below where the case is pending in
Patna High Court CR. MISC. No.10762 of 2024(2) dt.22-02-2024 3/3 connection with Piribazar P.S. Case No. 140 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T