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Patna High CourtCR. MISC./37125/2025bail granted

Md. Taukir @ Doka v. The State Of Bihar

2025-07-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37125 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== Md. Taukir @ Doka S/o- Harun Rasheed R/o- Bagdogra Ps- Balrampur DistKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Balrampur P.S.Case No.90 of 2024 registered for the offences punishable under Sections 115(2), 126(2), 76, 303(2), 351(2), 352, 3(5) & 324(4) of BNS.

3. As per the allegation made in the FIR, the petitioner has allegedly outraged the modesty of her own 'Bhabhi', who is the informant, after the death of his elder brother along with the other co-accused persons.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and due to family dispute relating to the property, the petitioner has been made accused in the present case along with the other accused

Patna High Court CR. MISC. No. 37125 of 2025(3) dt.16-07-2025 2/3 persons, who are also family members.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, the victim, who is own 'Bhabhi' of the petitioner, has alleged that the petitioner has outraged her modesty, whose husband has died just 11 months before the said incident. On the other hand, the petitioner and the other coaccused persons claim that there is family dispute relating to the property. I find that the petitioner side has also alleged that the own brother of the informant has assaulted them. In such circumstances, the petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar/concerned court, in connection with Balrampur P.S.Case No.90 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No. 37125 of 2025(3) dt.16-07-2025 3/3 petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T .