Mohammad Aslam @ Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27996 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

Mohammad Aslam @ Md. Alam S/O- Mohammad Habib VillageSundrapur Ps- Kesariya Dist- East Champaran 2.

Jamila Khatoon w/o- Ekaramul Hak Village- Sundrapur Ps- Kesariya DistEast Champaran 3.

Jaitun Khatoon wife of Habib Miyan Village- Sundrapur Ps- Kesariya DistEast Champaran 4.

Tarannum Khatoon wife of Mohammad Aslam Village- Sundrapur PsKesariya Dist- East Champaran 5.

Sabeya Khatoon wife of Lal Mohammad Village- Sundrapur Ps- Kesariya Dist- East Champaran 6.

Md. Afroj Alam @ Afroj Alam @ Afroj Son of Ekaramul Hak VillageSundrapur Ps- Kesariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 323, 354(B), 379, 307, 504, 506, 341 of the Indian Penal Code.

3. It is alleged that these petitioners assaulted the informant as a result of which he sustained injury. It is further alleged that petitioner No. 1 tried to outrage the modesty of

Patna High Court CR. MISC. No.27996 of 2023(4) dt.28-07-2023 2/2 wife of the informant.

4. It is submitted that F.I.R. has been lodged after delay of three days without any explanation and that itself creates doubt on the prosecution case. Allegation of assault is general and omnibus. Though it is alleged that seven persons assaulted the informant but, there is no injury report on the record. Petitioners have got clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P. S. Case No. 325 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T