Md. Taufique Quraishi @ Md. Taufeeque Querashi @ Taufique Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44770 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -MAHILA PS District- JEHANABAD ====================================================== MD. TAUFIQUE QURAISHI @ MD. TAUFEEQUE QUERASHI @ TAUFIQUE QURAISHI, Son of Nashim Quraishi, Resident of VillageRatni, Police Station- Shakurabad, District- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Narayan Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Jehanabad Mahila P.S. Case No.74 of 2016, registered for offences alleged under Sections 341, 323, 354A, 354B, 504 and 506/34 of the Indian Penal Code and Section 8 of POCSO Act.

Learned counsel for the petitioner submits that the family of the petitioner and that of the informant are related to each other and they are neighbour. Earlier in the year 1997, uncle of the petitioner had filed one Kurtha P.S. Case No.88 of 1997 against the relatives of the informant and because of that this

Patna High Court Cr.Misc. No.44770 of 2017 (2) dt.21-09-2017 petitioner has been falsely implicated. His submission is that even otherwise a perusal of the FIR would show that this petitioner had not threatened the informant and there is no allegation against this petitioner of holding her hand. Only allegation against this petitioner is that he abused the informant. The specific allegation is against one Ajay Kumar. Therefore, in absence of any specific overt act alleged against the petitioner, he may be allowed privilege of bail.

Learned APP for the State though opposed the prayer for bail, but accepts the factual position as appearing from the FIR.

In the circumstances, let the petitioner, namely, Md. Taufique Quraishi @ Md. Taufeeque Querashi @ Taufique Quraishi be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge1st-cum-Special Judge, POCSO Act, Jehanabad in connection with Jehanabad Mahila P.S. Case No.74 of 2016 (POCSO Trial No.26/2016), subject to the conditions U/S 437(3) Cr.P.C. Arvind/- (Rajeev Ranjan Prasad, J) U T