Md. Jaif @ Md. Jaik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49904 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== MD. JAIF @ MD. JAIK S/O MD. SIKANDAR R/O VILLAGE- KAITHA, PS. CHANDRADEEP, DIST. JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354(b), 504, 506/34 of the Indian Penal Code.
3. According to F.I.R., on the alleged date and time of the occurrence, while the informant was standing near her house, all the named accused persons including this petitioner and 4-5 unknown miscreants came there and surrounded informant and asked her to hand over her daughter and made some objectionable video clips. On protest, all the accused persons assaulted the informant. It is further alleged that the accused persons entered into the house of the informant and assaulted the informant and her daughter with fists and slaps.
4. It is submitted that petitioner has falsely been
Patna High Court CR. MISC. No.49904 of 2023(3) dt.19-09-2023 2/2 implicated in this case at the instance of the informant due to her personal grudge with co-accused Md. Kaif. Petitioner is not concerned with the alleged occurrence. It is further submitted that though there is allegation of assault but there is no injury report on record in support of the same. Rest of the allegations are ornamental in nature only to make the case grave. Moreover, F.I.R. has been lodged after inordinate delay of three days. Petitioner has got clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge- VI cum Special Judge, (POCSO) Nawada in connection with Pakaribarawan P. S. (Dhamaul O.P) Case No. 171 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T