Md. Firoz @ Md Firoj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14249 of 2024 Arising Out of PS. Case No.-485 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Md. Firoz @ Md Firoj S/o Late Md. Mazid @ Md Majid R/o vill - Mathahi, ward no. 3, P.S. - Madhepura (Police Shivir, Matahi), Distt. - Madhepura, pin 852121 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashwani Tiwary, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379, 504 and 506 of the IPC.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant.
4. It is next submitted that the informant alleges that she had gone to attend the call of nature on 24.05.2022 when Md. Israfil came and started molesting her, on alarm her husband came and Md. Israfil fled, thereafter, it is alleged that in the night the accused persons including the petitioner came
Patna High Court CR. MISC. No.14249 of 2024(3) dt.19-04-2024 2/3 variously armed and Md. Ishaque assaulted the informant with an iron rod causing fracture of hand and Md. Israfil assaulted her husband by rod causing injury on head and also assaulted her mother-in-law by sword causing cut injury on head and the petitioner is alleged to have assaulted Rahisa Khatoon by iron rod causing on hand and body.
5. The learned counsel submits that the petitioner has been falsely implicated in the instant case with an allegation that he assaulted Rahisa Khatoon by an iron rod causing injury on hand and body but then the injury suffered by Rahisa Khatoon has been reserved. It is next submitted that even the assault was on non vital part of the body. It is also submitted that the case has been compromised as would manifest from Annexure-2 to the anticipatory bail application.
6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14249 of 2024(3) dt.19-04-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.485 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T