Sammu Khan @ Aihateshaamul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41069 of 2024 Arising Out of PS. Case No.-201 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sammu Khan @ Aihateshaamul Haque Son Of Enamul Haque Resident Of Mohalla- Banjariya, P.S- Motihari, District- Motihari, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 354(D), 509, 427, 506/34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was going to park on her scooty, all the F.I.R. named accused persons including this petitioner intercepted her and tried to forcibly detain her and on protest, they tore her clothes and compelled her to sit on their motorcycle.

4. Learned counsel for the petitioner submits that from perusal of the F.I.R. it is evident that specific accusation of misbehaving with the informant is against co-accused Shams Parvez. So far this petitioner is concerned, he is only alleged to

Patna High Court CR. MISC. No.41069 of 2024(2) dt.15-07-2024 2/2 be accompanying the co-accused Shams Parvez. Allegation of tearing the clothes is ornamental only to make the case grave. Petitioner claims clean antecedent.

5. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Town P. S. Case No. 201 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T