Sitare @ Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38447 of 2023 Arising Out of PS. Case No.-301 Year-2020 Thana- BISFI District- Madhubani ====================================================== Sitare @ Firoz son of Md. Mir Rahamutullah Village- Mir Tol Chapariya PsBisfi Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354(B), 307, 379, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, allegation against the petitioner is that he tried to outrage the modesty of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the there is no specific overt act against the petitioner. He further submits that there is no case under Sections 307, 354(B)
Patna High Court CR. MISC. No.38447 of 2023(2) dt.02-08-2023 2/2 I.P.C. is not made out against the petitioner and Section 379 of I.P.C. is ornamental. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the fact that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Bisfi P.S. Case No. 301 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T