Md Chand. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57785 of 2025 Arising Out of PS. Case No.-438 Year-2024 Thana- GORAUL District- Vaishali ====================================================== 1.

Md Chand. Late Md Manjur Resident of Village Chhaurahi Sehan Mahmadpur @ Aktiyarpur Schan, Police Station - Goraul (Kathara), Dist. - Vaishali.

2.

Md. Kaishar Son of Late Md. Manjur Resident of Village Chhaurahi Sehan Mahmadpur @ Aktiyarpur Schan, Police Station - Goraul (Kathara), Dist. - Vaishali.

3.

Md. Irfan @ Md. Irfan Abbasi @ Md. Erfam Son of Md. Manjur Resident of Village Chhaurahi Sehan Mahmadpur @ Aktiyarpur Schan, Police Station - Goraul (Kathara), Dist. - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Muskan Khatoon D/o of Md. Mojahid R/o Chaurahi, P.S. - Kathara(Goraul), Dist. - Vaishali.

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the parties.

2. The petitioners are apprehending their arrest in connection with Goraul (Kathara) P.S. Case No. 438 of 2024 for the offence under Sections 126(2), 115(2), 78, 303(2), 74 and section 7, 8 of the POCSO Act.

3. As per First Information Report, petitioners and other co-accused persons are alleged to have outraged the modesty of the informant and on protest they assaulted the

Patna High Court CR. MISC. No.57785 of 2025(2) dt.27-08-2025 2/3 informant and also snatched Rs. 20,000/- from her mother.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in the present case. He further submits that main thrust of allegation is against Md. Naushad and Md. Saddam and not against these petitioners. Co-accused Md. Saddam tried to outrage her modesty. He also referred Annexure 2 which is compromise petition entered between both the parties. It is further stated that there was land dispute between the parties. The main allegation against these petitioners are that they assaulted the mother of the informant and snatched Rs. 20,000/- from her. Petitioners have clean antecedent.

5. Learned counsel for the informant supports the compromise between the parties.

6. Learned APP opposes the prayer for bail.

7. Keeping in view the aforesaid facts of the case, this Court is inclined to extend them the privilege of anticipatory bail.

8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount

Patna High Court CR. MISC. No.57785 of 2025(2) dt.27-08-2025 3/3 each to the satisfaction of learned Addl. District and Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur/concerned court below, in connection with Goraul (Kathara) P.S. Case No. 438 of 2024 subject to the conditions as laid down under Section 482 (2) of B.N.S.S.

(S. B. Pd. Singh, J) Ranjeet/- U T