Gouhar Khan @ Gauhar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61529 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== GOUHAR KHAN @ GAUHAR KHAN Son of Sajjad Khan Resident of ward No. 11, Village- Chakwa, P.S- Bairgania, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2023 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bairgania P.S. Case No. 81 of 2022 for the offence registered under sections 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code lodged on 25.03.2022 by the informant, Farooque Ahmad Khan.

As per the prosecution story, the victim-cum-informant namely, Farooque Ahmad Khan alleging therein, in brief, is that on 22.3.2022 at 5.30 PM, his son Rakesin Reja Khan alongwith other 45 girls was coming after taking tuition and as they reached near Chakwa Punarwas Bandh, petitioner/accused started teasing the girls and on protest by the son of the informant, petitioner/accused abused him and gave threat of assault.

It has further been alleged that the petitioner followed his son and at a lonely place, he dashed his motorcycle with his son and

Patna High Court CR. MISC. No.61529 of 2022(3) dt.22-05-2023 2/2 on account of which he fell down. Further allegation is that he inflicted knife blow with intention to kill the son of the informant causing injury and took out Rs. 10,400/- from his pocket and also snatched silver chain and thereafter fled away. Accordingly, the FIR. Learned Counsel for the petitioner submits that earlier section 307 of the Indian Penal Code was not there, till charge sheet the petitioner enjoyed the privilege of bail but now that the charge sheet has been submitted under section 307 of the Indian Penal Code, this necessiated the filing of the present anticipatory bail. The allegation that has come against the petitioner do not warrant extension of anticipatory bail to him which is accordingly rejected.

If however, the petitioner surrenders within a period of four weeks from today, the Court below shall take into account the fact that earlier he had enjoyed the privilege of bail till submission of charge sheet and will take a decision preferably on the same day. (Rajiv Roy, J) Jagdish/Neha/- U T