Md. Mokhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43916 of 2022 Arising Out of PS. Case No.-477 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Mokhtar S/O Md. Hussain Raja R/O Village- Jainagar Panchayat Ward No. 14 Thana Tole, P.S.- Jainagar, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Yasmeen Khatoon W/o Md. Laddan R/o village- Nagar Panchayat Jaynagar Ward No. 14 Thana Tole, P.S.- Jaynagar, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 448, 452, 504, 506, 380, 379,
354. 354(B), 149 of the Indian Penal Code. Cognizance has been taken only under section 341, 323, 354, 448, 504, 506 of the Indian Penal Code.
The prosecution case in nutshell is that all the
Patna High Court CR. MISC. No.43916 of 2022(2) dt.12-12-2022 2/3 accused persons including petitioner, assaulted, abused and outraged the modesty of the complainant and when her family members came to her rescue, they were also assaulted by petitioners and other co-accused persons. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that there is case and counter case between the parties. It is further submitted that complaint case has been lodged after an inordinate delay of 7 days.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Complaint Case No. 477 of 2021, subject to the conditions as laid down under
Patna High Court CR. MISC. No.43916 of 2022(2) dt.12-12-2022 3/3 Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) nirajkrs/- U T