Arshad @ Md. Shahzad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4878 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ======================================================
1. Arshad @ Md. Shahzad son of Md. Shamim, resident of MohallaFatehpur, Mukeri Tola, Police Station- Industrial Area, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Advocate For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 506/34 of the Indian Penal Code. The prosecution case is that the informant always used to tease the minor daughter of the informant when she used to go to school. On 08.05.2015 when informant's daughter went to taking milk from dairy, the petitioner requested her to sit on her motorcycle and on refusal of the same, he snatched dupatta of the daughter of the informant.
It is submitted by the learned counsel for the petitioner that even assuming the accusation no offence under Section 354B is made out and for a simple trifle the accusation
Patna High Court Cr.Misc. No.4878 of 2016 (2) dt.05-02-2016 has been levelled. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the nature of accusation and the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 41 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T