Md. Saalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65074 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- TARABARI District- Araria ====================================================== 1.

MD. SAALIM Son of Md. Ayub @ Ayub Resident of Village - Balwat, P.S.- Tarabari, Distt - Araria.

2.

Asad Son of Md. Ayub @ Ayub Resident of Village - Balwat, P.S.- Tarabari, Distt - Araria.

3.

Wohid @ Md Wohid Son of Gani Mohammad Resident of Village - Balwat, P.S.- Tarabari, Distt - Araria.

4.

Abida Khatoon Wife of Wohid @ Md. Wohid Resident of Village - Balwat, P.S.- Tarabari, Distt - Araria.

5.

Mezina @ Merina Wife of Md. Saalim @ Saalim Resident of Village - Balwat, P.S.- Tarabari, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Araria, Tarabari P.S.Case no.38/19 , registered for offences punishable under Sections 341, 323, 325, 354B, 379, 504, 506/34 of the Indian Penal Code.

As per FIR, petitioners are said to have assaulted the informant and also tried to outrage her modesty. Submission of the learned counsel for the petitioners is that there is delay of 65 days in lodging the FIR . All the

Patna High Court CR. MISC. No.65074 of 2019(2) dt.21-10-2019 2/2 Sections are bailable except Section 354B and 379 of the IPC, allegation of outraging the modesty and theft are ornamental in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria, Tarabari P.S.Case No.38/2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T