Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53342 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- SIKTA District- West Champaran ====================================================== SARFARAJ ALAM S/o Late Sheikh Mansaf R/o village- Jhumka, P.S.- Sikta, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 No one appears on call on behalf of the petitioner. Learned APP for the State is present through video conferencing in view of the COVID 19.

The petitioner apprehends his arrest in connection with Sikta P.S. Case No. 72 of 2022 for the offence registered under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code.

As per the prosecution story, the informant along with her younger sister was returning home when the petitioner tried to outrage her modesty. When it was narrated to the petitioner's family, they also abused and threatened. Accordingly, the FIR was lodged.

The averments made in the petition is that he is a young person and due to village rivalry, he has been dragged in

Patna High Court CR. MISC. No.53342 of 2022(2) dt.13-01-2023 2/2 the case and lastly he do not have criminal antecedent. Learned APP for the State, on the other hand, opposes the prayer for bail stating that he tried to outrage the modesty.

Taking into account the fact that the petitioner is a young person, do not have criminal antecedent and will be facing the trial, this Court is inclined to grant him relief subject to the condition that the petitioner shall be visiting the concerned police station for next six months every fortnight to mark attendance.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah in connection with Sikta P.S. Case No. 72 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T