Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39890 of 2014 Arising Out of PS.Case No. -79 Year- 2014 Thana -MANIHARI District- KATIHAR ======================================================

1. FIROJ S/o Salam R/o Karikoshi Bandh, Banipur (Dilarpur), P.S. - Manihari, Distt. - Katihar .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Ram Shankar Das (Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 354 and 504/34 of the Penal Code and 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is alleged that the accused persons came and started assaulting the son of the informant and when she rushed to save him, then, Salam ordered to assault and it is alleged that Firoz assaulted and it is asserted that she has been thrown on the ground and tried to draw the saree and she gave a leg blow to save her.

However, having the nature of the allegation, the matter concerned only regarding the assault and it is further alleged that Hasibur Rahman started assaulting her and her husband came to rescue her. It is apparent that there is main thrust

Patna High Court Cr.Misc. No.39890 of 2014 (2) dt.21-04-2015 of allegation is assault and not outraging the modesty.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Manihari P.S. Case No. 79 of 2014 to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Katihar, subject to the conditions laid down under Section 438(2) of the Criminal Procedure Code. (Gopal Prasad, J) SA/- U √ T √