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Patna High CourtCR. MISC./19855/2022allowed

Md. Umar Faroque v. The State Of Bihar

2022-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19855 of 2022 Arising Out of PS. Case No.-113 Year-2018 Thana- ALINAGAR District- Darbhanga ====================================================== 1.

MD. UMAR FAROQUE Son of Usman Resident of Village - Mirzapur, P.S.- Alinagar, Distt.- Darbhanga.

2.

MD. SAHNABAJ Son of Jahruddin Resident of Village - Mirzapur, P.S.- Alinagar, Distt.- Darbhanga.

3.

MD. SHAMSHER Shamsher @ Shamshed Alam Resident of Village - Mirzapur, P.S.- Alinagar, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Alinagar P.S. Case no. 113 of 2018 instituted for the offence punishable under Sections 341, 323, 448, 354, 504/34 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioner have entered into the house of the informant and abused her. It is further alleged that they tried to outrage the modesty of the informant.

Patna High Court CR. MISC. No.19855 of 2022(2) dt.20-09-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The present case is filed in retaliation of complaint case filed by the petitioner no. 2. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Alinagar P.S. Case no. 113 of 2018, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Benipur (Darbhanga) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U