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Patna High CourtCR. MISC./6735/2021bail granted

Md. Usmaan Nadaf @ Usman Gani v. The State Of Bihar

2021-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6735 of 2021 Arising Out of PS. Case No.-189 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Md. Usmaan Nadaf @ Usman Gani, aged about 22 years, Male, Son of Liyakat Nadaf, Resident of Village - Aawapur South, Ward No. 7, P.S. - Pupri, Dist. - Sitamarhi.

2.

Manzar Nadaf @ Manzar Ali Nadaf, aged about 32 years, Male, Son of Liyakat Nadaf, Resident of Village - Aawapur South, Ward No. 7, P.S.- Pupri, Dist. - Sitamarhi.

... ... Petitioners

Versus

1.

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Pupri P.S. Case No. 189 of 2020 (G.R. No.1020 of 2020) for the offence punishable under Sections 341, 323, 354, 376, 504/34 of the Indian Penal Code and under Section 4/6 of the POCSO Act. It is submitted by the petitioners that they are brothers of the main accused namely, Mubarak Nadaf and there is no allegation against them of having committed any sexual

Patna High Court CR. MISC. No.6735 of 2021(2) dt.29-11-2021 2/2 assault upon the victim. Only allegation against them is that when the complaint was made then, these petitioners and others abused and assaulted the family members of the victim. Considering the aforesaid facts, this application is allowed.

Let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J., VI, Sitamarhi, in connection with Pupri P.S. Case No. 189 of 2020 (G.R. No. 1020 of 2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T