Mohammad Rahib Anwar @ Rahib Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34369 of 2025 Arising Out of PS. Case No.-168 Year-2024 Thana- MAHALGAON District- Araria ====================================================== Mohammad Rahib Anwar @ Rahib Anwar Son of Riyazuddin Resident of Vill.- Masuria, P.O. and P.S.- Mahlgoan, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Shilpi Keshri, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-07-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Mahalgoan P.S. Case no.168 of 2024 registered under sections 126(2), 115(2), 89, 352 and 3(5) of the B.N.S, 2023.
3. The allegation in the F.I.R is that the petitioner and his father had abused and assaulted the informant who is the wife of the petitioner and also caused miscarriage.
4. Learned counsel for the petitioner submits at the outset that the present F.I.R has been lodged after a delay of four days as occurrence is said to have taken place on 14.12.2024 whereas the present F.I.R came to be lodged on 17.12.2024. A false allegation of administering some medicine to his wife has been made upon petitioner which caused her miscarriage. It has
Patna High Court CR. MISC. No.34369 of 2025(3) dt.18-07-2025 2/3 further been submitted that the informant had also filed case under Section 376 of the Indian Penal Code against the petitioner in which he is on bail. Medical report of the informant would show that there was no miscarriage or abortion and injury sustained by the informant was said to be simple in nature. The U.S.G report as indicated in the supplementary injury report shows there is no abnormality detected. Learned counsel for the petitioner further submits that the informant along with her child lived with the petitioner but was in a habit of leaving him and going to her parent home and this fact is substantiated by Annexure-P/3 to the petitioner which is an agreement between the petitioner and the informant. The petitioner undertakes to co-operate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahalgoan P.S. Case no.168 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 the
Patna High Court CR. MISC. No.34369 of 2025(3) dt.18-07-2025 3/3 learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) Harsh/- U T