Md. Rajjak @ Abdul Rajjak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35651 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Md. Rajjak @ Abdul Rajjak, aged about 66 years, Male, Son of Mumtaz, Resident of Village - Puraini Dakshin Tola, P.S.- Jagdishpur, Dist.- Bhagalpur.

2.

Gulsafa @ Gulsafa Begum, aged about 36 years, Female, W/o Md. Tarikh, Resident of Village - Puraini Dakshin Tola, P.S.- Jagdishpur, Dist.- Bhagalpur.

3.

Md. Chand, aged about 32 years, Son of Md. Rajjak, Male, Resident of Village - Puraini Dakshin Tola, P.S.- Jagdishpur, Dist.- Bhagalpur. 4.

Md. Chotu @ Md. Iftekhar, aged about 35, Son of Md. Rajjak, Male, Resident of Village - Puraini Dakshin Tola, P.S.- Jagdishpur, Dist.- Bhagalpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Madan Mohan, Advocate For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application filed on behalf of petitioner no. 3, namely, Md. Chand, as he has been taken into judicial custody in connection with Jagdishpur P.S.

Patna High Court CR. MISC. No.35651 of 2021(2) dt.23-05-2022 2/3 Case No. 17 of 2021, pending in the court of learned C.J.M., Bhagalpur.

Permission is accorded.

Accordingly, the present anticipatory bail application filed on behalf of the petitioner no. 3, namely, Md. Chand, is dismissed as withdrawn.

Now the petitioner nos. 1, 2 and 4 are apprehending their arrest in connection with Jagdishpur P.S. Case No. 17 of 2021 for the offence registered under Sections 341, 323, 504, 506/34 of the I.P.C. and 67(A) of the I.T. Act. The prosecution story, in brief, is that one co-accused, namely, Md. Sadman made viral the nude photographs of the minor niece of the informant and gave threatening that if complain is lodged then he would implicate in land dispute. The petitioner nos. 1, 2 and 4 and others came at the house of the informant and hurled abuses to the ladies of the house and said that they would made viral other obscene photograph and said that if they do something then they would be implicated. It has been submitted by learned counsel for the petitioner nos. 1, 2 and 4 that they have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against them. They have been made accused

Patna High Court CR. MISC. No.35651 of 2021(2) dt.23-05-2022 3/3 in the present case due to mistake of fact. The main allegation of circulating nude photographs of the niece of the informant is against co-accused, namely, Md. Sadman. As far as petitioner nos. 1, 2 and 4 are concerned, they are family members of the said co-accused who have got no concern with the co-accused, namely, Md. Sadman.

On behalf of the State, it is submitted that the petitioner nos. 1, 2 and 4 are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner nos. 1, 2 and 4 above named, (except petitioner no. 3, namely, Md. Chand) in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Jagdishpur P.S. Case No, 17 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T