Md. Naushad @ Naushad Khan @ Md. Naushad Khan @ Kalut Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35240 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Md. Naushad @ Naushad Khan @ Md. Naushad Khan @ Kalut Khan, Son Of Late Jaheer Khan, Village- Ward No. 27, Bikramganj, P.S.- Bikramganj, Dist.- Rohtas 2.

Salim Khan @ Sajan @ Sajan Khan @ Md. Saleem Khan, Son Of Naushad Khan @ Md. Naushad Khan @ Kalut Khan @ Naushad, Village- Ward No. 27, Bikramganj, P.S.- Bikramganj, Dist.- Rohtas 3.

Nehal Khan @ Md. Nehal Khan, Son Of Naushad Khan @ Md. Naushad Khan @ Kalut Khan @ Naushad, Village- Ward No. 27, Bikramganj, P.S.- Bikramganj, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bikramganj No. 124 of 2023 registered for the offences punishable under Sections 147, 149, 323, 354(B), 379, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioners is that they have misbehaved with the informant and untied her saree and also snatched her golden chain.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute between the parties. Petitioner no. 1 is the brother-in-law (devar) of the informant whereas petitioner

Patna High Court CR. MISC. No.35240 of 2024(2) dt.07-08-2024 2/2 nos. 2 and 3 are cousin of the husband of the informant. There is no injury sustained by the informant in the alleged occurrence. Learned counsel for the petitioners further submits that other Sections are bailable in nature except Section 379 and 354(B) which are super-addition. Petitioners have no criminal antecedent and undertake to cooperate in the investigation.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on 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 concerned Court where the case is pending in connection with Bikramganj P.S. Case No. 124 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T