Maquesood Anjar @ Md. Masood Anjar @ Masood Anjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20134 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- KORHA District- Katihar ====================================================== MAQUESOOD ANJAR @ MD. MASOOD ANJAR @ MASOOD ANJAR Son of Abu Bakar Resident of Village - Jurabganj, P.S.- Korha, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2019 The petitioner apprehends his arrest in connection with Korha P. S. Case No. 391 of 2018 registered under Sections 341, 342, 354, 354B and 506 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. Allegation against the petitioner, as per FIR lodged by the informant, is that petitioner along with other accused persons called the informant and when she went near paddy field, other accused persons tried to commit rape upon her and outrage her modesty and petitioner started making video on his mobile. Mr. Vikramdeo Singh, learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case inasmuch as from perusal of statement made by the informant under Section 164 Cr.P.C., it would be

Patna High Court CR. MISC. No.20134 of 2019(5) dt.31-07-2019 2/3 evident that informant had come at the behest of Md. Parwez with whom she wanted to marry and it was Md. Parwez and others, who touched the body of the informant and there is no allegation that petitioner ever at any point of time touched the body or did any objectionable act against the informant. Learned counsel further submits that Md. Imran against whom there is allegation of touching the body of the informant has been granted bail by this Court in Cr.Misc. No. 18714 of 2019. He further submits that another accused Rakesh Kumar has also been granted bail in Cr. Misc. No. 20442 of 2019.

After having heard learned counsel for the parties and taking into consideration the fact that there is no specific allegation against the petitioner of outraging the modesty of informant or even touching her body and only allegation that petitioner was making video on his mobile phone, accordingly, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Katihar in connection with Korha P.S.Case No.

Patna High Court CR. MISC. No.20134 of 2019(5) dt.31-07-2019 3/3 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T