Md. Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36114 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- BIKRAM District- Patna ====================================================== 1.
MD. RAJA SON OF GAYASUDIN Resident of Village Babu Ganj, P.S.- Koilwar, District- Bhojpur, at present R/o- Village Baghakol, P.S.- Bikram, District- Patna.
2.
TIPU @ MD. ZAKIR HUSSAIN SON OF MD. MUSTAFA ANSARI Resident of Village- Baghakol, P.S.- Bikram, District- Patna. 3.
RAFFIK @ RAFFIK ANSARI SON OF MD. MUSLIM ANSARI Resident of Village- Baghakol, P.S.- Bikram, District- Patna. 4.
MD. ASHIK HUSSAIN SON OF MD. MUSTAFA KAMAL Resident of Village- Baghakol, P.S.- Bikram, District- Patna. 5.
MD. SABBIR @ MD. SABBIR HUSSAIN SON OF MD. MUSTAFA KAMAL Resident of Village- Baghakol, P.S.- Bikram, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Sharma, Sr. Adv.
Ms. Kshama Sharma, Adv.
Ms. Shatabdi Sinha, Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Bikram P.S. Case No. 77 of 2022, registered for the offences punishable under Sections 341, 323, 504 and
Patna High Court CR. MISC. No.36114 of 2022(3) dt.09-01-2023 2/3 354(B)/34 of the Indian Penal Code.
As per allegation, when the informant was going to grocery shop, the petitioners uttered filthy remarks, they abused her with filthy words and also manhandled her. Mr. Rama Kant Sharma, the learned Senior counsel for the petitioners, has submitted that there is dispute between the petitioners and the brother of the informant and one day after lodging of the FIR, one of the brothers of the petitioners has lodged a case against the brother of the informant as Complaint Case No. 314 C of 2022. He has also submitted that the FIR shows itself that the intention of the petitioners was not to disrobe the informant.
On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail and submitted that the complaint case mentioned by the learned counsel for the petitioners is subsequent to lodging of the FIR. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Paliganj
Patna High Court CR. MISC. No.36114 of 2022(3) dt.09-01-2023 3/3 Patna in connection with Bikram P.S. Case No. 77 of 2022, subject to condition as laid down under section 438(2) Cr. P.C. (i) Further condition is that the petitioners shall make themselves available before the learned trial court on each and every date and on failure on two consecutive dates without any valid reason, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.
(ii) If it is reported that they are involved in similar kind of offences, the learned court below shall be at liberty to cancel their bail bonds.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T