Heera Khan @ Md. Mahsar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25404 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- TATARPUR District- Bhagalpur ====================================================== Heera Khan @ Md. Mahsar Khan S/o- Dawood Khan Moh- Jabbarchak PsTatarpur Dist- Bhagalpur P/A- Sangrampur Ps- Amarpur Dist- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anupam Kumari W/o- Sri Abhay Kant Jha R/o- Assistant Project Officer, Child Save Movement, BMP-14, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kr. Singh, Sr. Adv.
Mr. Pawan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP For the Informant :
Mr. Vatsal Verma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard the parties.
2. The petitioner seeks bail in connection with Tatarpur P.S. Case No. 83 of 2024 registered for the offence under Sections 341, 342, 323, 504, 354(B) of the I.P.C. and Section 8/10 of POCSO Act and Section 75 of JJ Act.
3. The petitioner is named in the F.I.R. and is in custody since 20.02.2025.
4. The allegation against the petitioner is to commit non-penetrative sexual assault upon the maid of co-accused namely, Tanzil Khan and Bibi Jarina.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25404 of 2025(3) dt.29-07-2025 2/3 petitioner submitted that complainant is none but the bhabhi of co-accused Tanzil Khan, who made complaint in the background of land dispute. It is submitted that victim / maid was made instrumental in this case for false implications of petitioner who is related as brother-in-law of co-accused Tanzil Khan and Bibi Jarina, who have already granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 43451 of 2024 vide order dated 01.07.2024, however it is fairly conceded that anticipatory bail of petitioner was rejected by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 60355 of 2024 order dated 10.01.2025. It is submitted that victim examined before learned trial court and she stated nothing incriminating against petitioner while deposing as PW1. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, as such, there is no chance of tampering with the evidence.
6. Mr. Jharkhandi Upadhyay learned APP while opposing the prayer of bail submitted that allegation of sexual
Patna High Court CR. MISC. No.25404 of 2025(3) dt.29-07-2025 3/3 assault is available against this petitioner.
7. In view of aforesaid factual submission and by taking note of nature of accusation in the background of the land dispute, coupled with fact that petitioner remains in custody since 20.02.2025, accordingly petitioner above named, is directed to be released on bail in connection with Tatarpur P.S. Case No. 83 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Spl. Court of POCSO cum District and Addl. Sessions Judge VII, Bhagalpur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T