← Library
Patna High CourtCR. MISC./64710/2021disposed

Md. Aslam @ Aslam v. The State Of Bihar

2022-05-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64710 of 2021 Arising Out of PS. Case No.-475 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== 1.

MD. ASLAM @ ASLAM Son of Late Abid Husain Resident of Village - Haldiya, Ward No.- 13, P.S.- Forbesganj (Simraha), District - Araria. 2.

Md. Shahansha Alam @ Shahansha Son of Md. Aslam @ Aslam Resident of Village - Haldiya, Ward No.- 13, P.S.- Forbesganj (Simraha), District - Araria.

3.

Sahida Wife of Aslam @ Md. Aslam Resident of Village - Haldiya, Ward No.- 13, P.S.- Forbesganj (Simraha), District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 323, 354(B) and some other allied Sections of the Indian Penal Code. So far as petitioner No.1 and 2 are concerned there is direct and specific allegation against them of assaulting and outraging the modesty of informant. So far as petitioner No.3 is concerned she is a lady and there is general and omnibus allegation against her.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.64710 of 2021(2) dt.23-05-2022 2/2 prayer for anticipatory bail bail.

Considering the facts of the case and the fact that petitioner No.3 is a lady, let the petitioner No.3, above named, in the event of her arrest/ surrender within a period of six weeks from today shall 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 Judicial Magistrate, 1st class, Araria in connection with Forbesganj (Simraha) PS case No.475/2017, subject to conditions laid down u/s 438(2) of the Cr. P. C. Since there is direct and specific allegation against petitioner No.1 and 2 of assaulting and outraging the modesty of informant, I am not inclined to enlarge them on anticipatory bail. Accordingly their prayer for anticipatory bail is refused. (Prabhat Kumar Singh, J) BKS/- U T