Md Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68760 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- KEWATI District- Darbhanga ====================================================== 1.

MD GULAB Son of Md. Ashfaque Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga.

2.

Md. Nirale @ Md. Shafiqur Rahman @ Shafiqur Rahman Son of Md. Ashfaque Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga. 3.

Md. Arzoo @ Md. Faizur Rahman Son of Md. Ashfaque Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga. 4.

Md. Chand @ Md. Sahbaz Alam Son of Md. Shoeb @ Shoeb Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga. 5.

Md. Piyare @ Md. Peyare @ Md. Intekhab Alam Son of Md. Obaid Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga. 6.

Md. Rashid Son of Md. Neyaz Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga.

7.

Md. Waseem @ Md. Wasim Son of Naushad Resident of Village- Jalwara, P.s.- Keoti, District- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 354(B), 292 and 506/34 of the Indian Penal Code Sections 67 and 67(A) of the I.T. Act.

Prosecution case in a nutshell is that wife of the

Patna High Court CR. MISC. No.68760 of 2021(2) dt.19-07-2022 2/3 informant Nibha Devi, had illicit relation with one Ranjit Ram and he recorded some private moments of Nibha Devi in his mobile phone with her mutual consent. It is alleged that on 11.05.2021 when Ranjit Ram was going to Jalwara from Khirma, in the way, all the accused persons including the petitioners snatched his mobile phone and made the said private moment viral. It is further alleged that on 15.05.2021 petitioners suddenly came and assaulted Nibha Devi and also torn her clothes and tried to outrage her modestly.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case at the instance of village Mukhiya. He further submits that petitioners have not committed any offence and good sense has prevailed between the parties vide Annexure-3 to this petition. Petitioners have got clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of

Patna High Court CR. MISC. No.68760 of 2021(2) dt.19-07-2022 3/3 the like amount each to the satisfaction of Smt. Smita Kumari, Judicial Magistrate, Ist Class, Darbhanga in connection with Keoti P.S. Case No. 87 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T