Md Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65735 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Md Subhan Son of Md Gulam Rasul Resident of Village - Baro Naya Tola, P.S. - Phulwaria, Dist. - Begusarai.

2.

Amir @ Md. Amir Son of Md. Isa @ Md. Isha Resident of Village - Baro Naya Tola, P.S. - Phulwaria, Dist. - Begusarai. 3.

Md. Rashid Son of Md. Imran Resident of Village - Bari Balia, P.S. - Sahebpur Kamal, Dist. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Phulwaria P.S. Case No. 103 of 2024 for the offence under sections 115(2), 126(2), 118(1), 76, 303(2), 352, 351(2) and 3(5) of the BNS lodged on 18.07.2024 by the informant, Md. Akbar.

3. As per the prosecution story, the informant alleged that earlier, the accused persons tried to outrage the modesty of her daughter and later, they armed variously came and assaulted the informant/family members. The allegation against all these petitioners is/are of assaulting Md. Ladla, Md. Sahadat, Md.

Patna High Court CR. MISC. No.65735 of 2025(2) dt.23-09-2025 2/2 Hamid, Md. Anzarul beside Md. Inzamul and Anzarul, as the locals arrived, they escaped. This led to the FIR.

4. Learned counsel for the petitioners submit that exaggerated FIR is there, though there is allegation of assault, it is omnibus in nature and in that background, they deserve relief.

5. Learned APP on the other hand has taken this Court to the learned Sessions Judge order to show that the injury on Md. Ladla has been found to be grievous in nature.

6. Taking into account the submissions of the parties as also the allegations that have come against the petitioners of firstly outraging the modesty of the informant's daughter and then assaulting his family members, in that background, no relief can be extended.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Adnan/- U T