Md. Aftab Alam @ Aftab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61321 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Md. Aftab Alam @ Aftab Son of Mohammad Khurshid Resident of Mohalla - Khasganj, P.S.- Sohsarai, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Sohsarai P.S. Case no.99 of 2024, registered under sections 341, 323, 379, 448, 354B, 509, 506 and 504 of the Indian Penal Code.
3. As per the prosecution case, the informant states that she had been attending classes of B.A Part-I. The petitioner has regularly been using objectionable language and making obscene gestures towards her. She further states that on 19.4.2024, he tried to physically pull her and threatened that she would be assaulted in case she shouted. The informant further states that on making an attempt to run, her clothes were torn, mouth forcibly closed and she was assaulted. Her gold chain was taken away.
Patna High Court CR. MISC. No.61321 of 2024(2) dt.19-09-2024 2/2
4. Learned counsel for the petitioner submits that the petitioner, who has no criminal antecedent, has been falsely implicated in the case. It is a trivial dispute between children and the false implication is because of dispute between the parties. There is an unexplained delay in lodging of the FIR. It is finally submitted that the petitioner is a student.
5. The application for anticipatory bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R of having assaulted the informant, misbehaved with her and of having used obscene language besides molesting her, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.
7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.
(Partha Sarthy, J) Shiv/- U T