Irfan Baitha @ Mohamad Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27900 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- BAGHA District- West Champaran ====================================================== IRFAN BAITHA @ MOHAMAD IRFAN S/o Md. Husain Baitha Resident of Village- Bhairoganj, P.S.- Bagaha (Bhairoganj), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mitali, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-02-2021 Let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 17.10.2020, within four weeks from today.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bagaha (Bhairoganj) P.S. Case No. 99 of 2020, registered under Sections 341, 323, 448, 354 and 307 of the Indian Penal Code, pending in the court of the learned A.C.J.M-I, Bagaha, West Champaran.

The accusation is that informant Shahnaj Khatoon was alone at her house on 18.02.2020 at about 11.00 A.M. In the meantime, on seeing the informant alone, Irfan Baitha (Petitioner), with bad intention, came near her and tried to

Patna High Court CR. MISC. No.27900 of 2020(2) dt.02-02-2021 2/2 outrage her modesty. When she raised alarm then petitioner moved from there after giving iron rod blow at her head. Learned counsel appearing on behalf of petitioner submits that informant and petitioner are next door neighbour. Further submission is that, in fact, Abdul Rahman Sah, husband of informant, had taken loan of Rs. 5000/- for urgent work from petitioner, later on, when the petitioner made demand of money then with ulterior motive, Abdul Rahman Sah, husband of informant, managed to lodge the present case. Further submission is that the injury found on the person of informant is 1"x1/2", which is simple in nature.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.