Md. Ashad @ Arsad @ Md. Arsad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51877 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Ashad @ Arsad @ Md. Arsad Ali son of Late Manzur Village- PWD Road no 01 Madipur PS- Kazi Mohammadpur, Dist- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Farzana Parveen D/o- Md. Naim Village- PWD Road no 01 Madipur PSKazi Mohammadpur, Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Ms.Sangeeta Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 354, 354(A), 354(B), 354(C), 504, 506, 34 of the IPC and Section 8/12 of POCSO Act.
3. The allegation levelled against the petitioner is that he trapped the informant in love affair and made her obscene video by inducing her for marriage and uploaded the same on social media. He also sent the alleged video to co-accused Tanvir @ Lau, who thereafter started blackmailing the informant and also tried to outrage her modesty.
Patna High Court CR. MISC. No.51877 of 2024(2) dt.09-08-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He further submits that the charge sheet has been submitted against the petitioner. It is further submitted that the mother of the petitioner had submitted an application to the S.S.P. Muzaffarpur praying therein that the informant wanted to solemnize marriage with the petitioner and when the petitioner denied to marry her, the informant had lodged this case against the petitioner.
It is further submitted that from bare perusal of the FIR, it is apparent that the petitioner neither present nor alleged to be present in course of alleged occurrence of molestation, allegedly happened on 13.04.2023 by other co-accused persons. Co-accused Md. Tanvir has been granted regular bail by a co-ordinate Bench of this Court vide order dated 16.01.2024 in Cr. Misc. No. 597 of 2024. Petitioner has no criminal antecedent and he is in custody since 31.01.2024.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.51877 of 2024(2) dt.09-08-2024 3/3 case as well as considering the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Kazi Mohammadpur P.S. Case no. 152 of 2023.
(Anjani Kumar Sharan, J) divyanshi/- U T