Md Basika @ Aashika v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1523 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- MIRGANJ District- Purnia ====================================================== Md Basika @ Aashika Son of Sharif Resident of Village - Jarlahi Kajra, P.s.- Mirganj, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 354, 379, 452 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences Act.

Patna High Court CR. MISC. No.1523 of 2022(2) dt.14-06-2022 2/3 It is alleged that the petitioner along with other accused persons variously armed entered into the house of the informant and tried to drag her daughter aged about 13 years to outrage her modesty and when the informant raised alarm, all the miscreants assaulted her and her son and tried to kill her.

It is submitted by learned counsel for the petitioner that in the background of some earlier dispute, the present F.I.R has been registered. The victim in her statements under Section 164 and 161 has made contradictory statements which falsifies the prosecution version. It is only alleged that victim was dragged, hence, it does not come under the purview of outraging the modesty of the victim. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four

Patna High Court CR. MISC. No.1523 of 2022(2) dt.14-06-2022 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions Judgecum-Special Judge, POCSO, Purnea in connection with Mirganj P.S. Case No. 79 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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