Md. Asfaque @ Md. Asfaque Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45947 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- BISFI District- Madhubani ====================================================== 1.

MD. ASFAQUE @ MD. ASFAQUE ANSARI Son of Late Md. Alam Resident of village - Bisfi Hat, P.S. - Bisfi, District - Madhubani. 2.

Md. Mustaque Ansari @ Md. Mustaque Son of Late Md. Alam Resident of village - Bisfi Hat, P.S. - Bisfi, District - Madhubani. 3.

Bharat Yadav Son of Late Ram Lakhan Yadav Resident of village - Noorchak, Tola - Dhajwa, P.S. - Bisfi, District - Madhubani. 4.

Mahendra Yadav Son of Late Ramkishun Yadav Resident of village - Noorchak, Tola - Dhajwa, P.S. - Bisfi, District - Madhubani. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 448, 354(B), 379, 427, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons came and assaulted the informant and when one lady came to save the informant, one of the co-accused pulled her down and tried to

Patna High Court CR. MISC. No.45947 of 2021(2) dt.11-04-2022 2/2 outrage her modesty.

It has been submitted on behalf of the petitioners that the petitioner nos. 1 and 2 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 A.C.J.M.- 1st Benipatti, Madhubani in connection with Bisfi P.S. Case No. 91 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T