Md. Khalique @ Khalique Khan @ Md. Khalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37195 of 2022 Arising Out of PS. Case No.-6 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== 1.

MD. KHALIQUE @ KHALIQUE KHAN @ MD. KHALIM SON OF LATE MD KHALIL KHAN R/O- VILL- TULAPATTI, P.S.- KISHANPUR, DIST.- SUPAUL 2.

MD. HADIR SON OF LATE MD. KHALIL KHAN R/O- VILLTULAPATTI, P.S.- KISHANPUR, DIST.- SUPAUL 3.

SALKHA KHATOON WIFE OF MD. QAMRUL KHAN R/O- VILLTULAPATTI, P.S.- KISHANPUR, DIST.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 354(B), 379, 504, 506, 34 of the Indian Penal Code.

As per the prosecution case, on 01.01.2018, all the F.I.R. named accused persons including petitioners, armed with weapons, came to the house of informant, assaulted her and tried to outrage her modesty. It is further alleged that accused persons also took away ornaments and cash from the house of informant.

It is submitted on behalf of petitioners that both parties are close family members. Husband of the informant is

Patna High Court CR. MISC. No.37195 of 2022(2) dt.17-11-2022 2/2 own brother of petitioners no. 1 & 3. Though, there is allegation of assault, but no injury report is on the record. Police after investigation submitted chargesheet under Sections 341, 323, 324, 354, 504, 506/34 of the IPC. Allegation of outraging the modesty of informant has been added in the F.I.R. only to make the case grave. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the backdrop of the occurrence, relation between the parties and the fact that no injury report is on record, 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 C.J.M., Supaul in connection with Kishanpur P.S. Case No. 6 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T