Mostakim Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49297 of 2025 Arising Out of PS. Case No.-26 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== 1.

Mostakim Sai Son of Molvi Sai Village- Hasanpurwa, Ps- Chakia, Dist- East Champaran 2.

Naimuddin Sai @ Bhuchengwa sai @ Bhuchengwa son of Mostakim Sai Village- Hasanpurwa, Ps- Chakia, Dist- East Champaran 3.

Nasima Khatoon Wife of Mostakim Sai Village- Hasanpurwa, Ps- Chakia, Dist- East Champaran 4.

Madina Khatoon Wife fo Naimuddin Sai @ Bhuchengwa Sai @ Bhuchengwa Village- Hasanpurwa, Ps- Chakia, Dist- East Champaran 5.

Munni Khatoon Wife of Kalamuddin Sai Village- Hasanpurwa, Ps- Chakia, Dist- East Champaran 6.

Rubaida Khatoon @ Rabida Khatoon Daughter of Mostakim Sai VillageHasanpurwa, Ps- Chakia, Dist- East Champaran 7.

Jubaida Khatoon Daughter of Mostakim sai Village- Hasanpurwa, PsChakia, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Trial No. 556 of 2024 arising out of Chakia P.S. Case no. 26 of 2017 instituted for the offence under Sections 341, 323, 504, 379, 307 and 354/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.49297 of 2025(2) dt.06-08-2025 2/3

3. The case of the prosecution is that the petitioners along with other arrived at the door of the informant and started abusing her. When the informant ran away into her house, she was being assaulted. It is further alleged that co-accused, namely, Kamaluddin Sai, Naimuddin Sai and Mostakim Sai torn the cloth of the informant. It is further alleged that Kamaluddin Sai pressed her neck.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and has falsely been implicated in connection with the present case. It is further submitted that there is specific allegation is against Kamaluddin Sai, who pressed the neck of the informant. It is further submitted that the allegation against the petitioners is that they have torn the cloth of the informant and caused simple injury.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioners stating that there is specific allegaion against Kamaluddin Sai, who pressed the neck of the informant.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a

Patna High Court CR. MISC. No.49297 of 2025(2) dt.06-08-2025 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Trial No. 556 of 2024 arising out of Chakia P.S. Case no. 26 of 2017, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS. (Ashok Kumar Pandey, J) Jagdish/- U T