Md. Sarfraj Alam @ Md. Sarfraj @ Doman Mishtri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12887 of 2022 Arising Out of PS. Case No.-468 Year-2021 Thana- KOTWALI District- Munger ====================================================== 1.

MD. SARFRAJ ALAM @ MD. SARFRAJ @ DOMAN MISHTRI Son of Late Md. Chhunni Miyan Resident of Village Guljar Pokhar, P.S. - Kotwali, District - Munger.

2.

Md. Rashid Son of Md. Sarfraj Alam Resident of Village Guljar Pokhar, P.S. - Kotwali, District - Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Deep Nishi For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Kotwali P.S. Case No. 468 of 2021 registered for offence punishable under sections 341, 448, 354B, 504/34 of the Indian Penal Code.

The informant has lodged FIR stating therein that when she was sleeping in her house, the petitioners with four known persons entered into her house after breaking the locks and they outraged her modesty. They also threatened her to kill and commit some illegal act with her.

The notice was sent to the informant, but she was not

Patna High Court CR. MISC. No.12887 of 2022(4) dt.02-01-2023 2/2 found at her residence. As per service report, she lives in Asansol. The learned counsel for the petitioners has submitted that on earlier occasion also, the informant has made allegation against the petitioners, but it was found not true. On first occasion, the mother of the informant has made similar type of allegation. In the present case, the daughter has made allegation of similar kind against the petitioners.

Considering the above-mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 468 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T