Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75132 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== MD. KHURSHID S/O MD. JABBAR R/O VILLAGE- HIRAMANI, P.SCHHAURADANO, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP For the Informant :

Mr.Binay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 379, 354(B), 504/34 of the IPC.

3.

Allegation upon the petitioner is that he along with other co-accused persons abused the informant, tried to outrage her modesty and also assaulted her with slaps and fists. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.75132 of 2023(2) dt.05-12-2023 2/2 general and omnibus in nature. Petitioner has no criminal antecedent and similarly situated co-accused has been granted anticipatory bail by this Court in Cr. Misc. No.74860 of 2023 dated 04.12.2023.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner of tearing the cloth of the informant and of trying to outrage her modesty. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chhauradano P.S. Case No.134 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T