Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34762 of 2022 Arising Out of PS. Case No.-297 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

MD. NAUSHAD Son of Late Saifullah Resident of village - Sanahpur, P.S. - Singhwara, District - Darbhanga, Presently residing at village - Kumhrauli, P.S.- Kamtaul, District - Darbhanga.

2.

Ismat Praveen @ Moni Parween Wife of Md. Pintu @ Nadim Ahmad Resident of Village - Janipur, P.S. - Bisfi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 376 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. It is submitted on behalf of petitioners that specific accusation of sexual assault is against co-accused Md. Taj and petitioners have been made accused in this case merely because they happen to be close relatives of co-accused Md. Taj. It is further submitted that the victim (informant), in her statement recorded under Section 164 Cr.P.C., has not whispered anything against these petitioners. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.34762 of 2022(3) dt.01-11-2022 2/2 Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with Kamtaul P.S. Case No. 297 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T