Md. Arman @ Arman Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32248 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- GURARU District- Gaya ====================================================== 1.

MD. ARMAN @ ARMAN HUSSAIN S/o Naushad Ahmad R/o villageRauda Math, P.S.- Guraru, District- Gaya 2.

Tauqeer Alam @ Taukir Alam S/o Mustak Ahmad R/o village- Rauda Math, P.S.- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 354B, 376 and 511 of the Indian Penal Code.

The informant alleges that on 3.12.2021, she had gone to attend natures call when petitioners came and tried to outrage her modesty but she somehow managed to save herself and came back home.

Learned counsel for the petitioner submits that petitioners are persons with clean antecedent. Learned counsel further submits that the date of occurrence is 3.12.2021 and the

Patna High Court CR. MISC. No.32248 of 2022(2) dt.23-11-2022 2/3 FIR came to be instituted on 5.12.2021 i.e., after a delay of two days without any plausible explanation, it is next submitted that Guraru P.S. Case No. 172 of 2021 dated 3.12.2021 was instituted by petitioner No. 2 against brother of the present informant, it is thus submitted that since petitioner No. 2 had instituted a case against the brother of the present informant as such the informant out of vengeance instituted the present FIR falsely alleging that the petitioner tried to outrage her modesty. Learned A.P.P. for the State and the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioner that the FIR was instituted after a delay of two days.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Guraru P.S. Case No. 173 of 2021 subject to the conditions as laid down

Patna High Court CR. MISC. No.32248 of 2022(2) dt.23-11-2022 3/3 under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T