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Patna High CourtCR. MISC./73216/2023allowed

Md.Rafique v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73216 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Md.Rafique Son Of Md. Ojir Resident Of Village - Rasidpur, Ps- Khajauli, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 337, 354(B), 379, 504/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner assaulted the informant's side and also outraged the modesty of the female members of the informant. The

Patna High Court CR. MISC. No.73216 of 2023(2) dt.28-11-2023 2/3 accused persons also robbed the cash and ornaments from the informant's house.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also sustained injuries. For the alleged occurrence of 25.05.2023, F.I.R was registered on 07.06.2023. The petitioner is languishing in custody since 24.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.73216 of 2023(2) dt.28-11-2023 3/3 Magistrate, Madhubani in connection with Khajauli P.S. Case No. 110 of 2023.

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