Md. Khushnoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55810 of 2025 Arising Out of PS. Case No.-523 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Khushnoor S/O Md. Murtuza R/O Village- Maidapur, P.S- Bochahan, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rajiv Kumar S/O Raj Kumar Sahu R/O Village- Maidapur, P.S- Bochahan, Distt.- Muzaffarpur.

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bochahan P.S. Case No. 523 of 2023 dated 07.11.2023, instituted for the offence punishable under Sections 341, 323, 447, 509, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he went to the house of informant and caught hands of the sister of informant and started dragging her. When the father of informant reached there then he left the place after intimidating the family members to kill them.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55810 of 2025(2) dt.12-08-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that two cases have been lodged against the petitioner for an offence committed against the same victim. First by the mother of the victim on 18.11.2023 for kidnapping of her daughter on 08.10.2023 vide Ahiyapur P.S. Case No. 1558 of 2023. The victim came back home on 22.11.2023 and on the same day, her statement was recorded under Section 161 and 164 Cr.P.C., wherein, she did not allege anything against the accused persons. However, the present case has been lodged on 07.11.2023 by the brother of the victim alleging therein that the petitioner came in the house of informant and caught her hand and started dragging her.

When she cried, his father reached there and he left the place after intimidating the family members to kill them. After analyzing both the case i.e. Ahiyapur P.S. Case No. 1558 of 2023 and Bochahan P.S. Case No. 523 of 2023, it is evident that victim came back home on 22.11.2023, which falsify the present case. Learned counsel further submitted that victim had denied medical examination in Ahiyapur P.S. Case No. 1558 of 2023. It is further submitted that petitioner has been granted bail in Ahiyapur P.S. Case No. 1558 of 2023 vide order dated 08.08.

Patna High Court CR. MISC. No.55810 of 2025(2) dt.12-08-2025 3/3 Criminal Miscellaneous No. 48857 of 2025. Lastly, it has been submitted that the petitioner is in custody since 07.09.2024, he has one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge 6th -cum-Exclusive Special Court of POCSO Act, Muzaffarpur in Bochahan P.S. Case No. 523 of 2023. (Khatim Reza, J) sankalp/- U T