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Patna High CourtCR. MISC./56057/2022allowed

Md. Munna Mistree @ Md. Niyaz Ahmad v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56057 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Md. Munna Mistree @ Md. Niyaz Ahmad S/O Late Wasi Ahmad Resident Of Village- Barahpura Near Madarsa, P.S.- Ishakchak, District- Bhagalpur. 2.

Md. Funno @ Md. Sarfaraj S/O Munna Mistree @ Md. Niyar Ahmad Resident Of Village- Barahpura Near Madarsa, P.S.- Ishakchak, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Ishakchak P.S. Case No. 50 of 2022 registered for the offence under Sections 147, 148, 354B, 509, 341, 323, 149/34 of the Indian Penal Code.

The allegation against the petitioners is that they along with co-accused persons entered in the house of informant and outraged her modesty thereafter her son tried to rescue her, they also assaulted him and this incident has been recorded in CCTV camera situated in the house of neighbour. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.56057 of 2022(2) dt.17-01-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. It is further submitted that on behalf of the petitioners, a case has also been filed against informant and others of outrage the modesty with petitioners side. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. The Petitioners are languishing in judicial custody since 22.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ishakchak P.S. Case No. 50 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Bhagalpur. (Sunil Kumar Panwar, J) amandeep/- U T