Md. Jasuddi @ Md. Jasuddin @ Jasmuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12700 of 2023 Arising Out of PS. Case No.-780 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. JASUDDI @ MD. JASUDDIN @ JASMUDDIN Son of Md. Ejajul R/V- Mehsaul Got Ward no. 9, P.S- Sitamarhi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 379, 376, 511, 504, 506 and 34 of the Indian Penal Code. As per FIR, the informant was returning to his home when he reached near the Khalihan of Jabbar Meth then saw Md. Aslam after throwing his sister on the earth trying to outrage her modesty and other co-accused assaulted her. It is further alleged that when Md. Aslam saw the informant has come, he assaulted him by iron rod on his head as such he became injured and they snatched golden ear ring from his sister as well as Rs. 50,000/- from the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12700 of 2023(2) dt.05-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. He submitted that there is general and omnibus allegation of assaulting against the petitioner. From the perusal of the FIR, it appears that the specific allegation against one co-accused Md. Aslam, who assaulted the informant and outraged the modesty with the informant's sister. It is further submitted that the petitioner is languishing in judicial custody since 03.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi (Mehsaul) P.S. Case No. 780 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

(Sunil Kumar Panwar, J) arish/- U T