Md. Irfan Khan @ Irfan Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41272 of 2015 Arising Out of PS.Case No. -204 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================

1. Md. Irfan Khan @ Irfan Khan

2. Ibran Khan @ Manna Both Sons of Ataullah Khan, resident of Village- Karhari, P.S- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. Smt. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 354, 427/34 of the Indian Penal Code. The prosecution case is that both the petitioners tried to outrage the modesty of the informant by lifting sari and catching the blouse.

It is submitted by the learned counsel for the petitioners that the informant is paternal aunt of the petitioners, when petitioner no. 1 lodged Biraul P.S. Case No. 154 of 2015 levelling accusation under Sections 147, 149, 341, 323, 324, 504 and 379 against the informant and her family members on 27.04.2015, thereafter the present case was

Patna High Court Cr.Misc. No.41272 of 2015 (2) dt.08-10-2015 lodged on 24.05.2015. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Moreover, there is land dispute between the parties. Considering the fact that the petitioners' side lodged a case at the earlier point of time against the informant and her family members, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 204 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T