Md. Halim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43799 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== 1.
Md. Halim Son Of Md. Akhtar Village- Mohanpur Paroriya, Ward No.5, P.S.- Ujiyarpur, Distt.- Samastipur 2.
Md. Sarif @ Md. Sharif Son Of Md. Naushad Village- Mohanpur Paroriya, Ward No.5, P.S.- Ujiyarpur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Sinha, Adv For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Ujiarpur P.S. Case No. 87 of 2024 dated 13.04.2024 registered for the offences punishable u/s 341, 342, 354, 354B, 354A, 307, 324, 326, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners are alleged to have outraged the modesty of the informant.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. On bare perusal of the statement of the
Patna High Court CR. MISC. No.43799 of 2024(2) dt.08-07-2024 2/2 victim under Section 164 and 161 of the Cr.P.C. the victim has not stated the name of the petitioners in the alleged crime. It is further submitted that doctor has not found any sign of sexual assault. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.04.2024
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Ujiarpur P.S. Case No. 87 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T