Md. Abid @ Naktu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42696 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -AMAUR District- PURNIA ======================================================

1. Md. Abid @ Naktu Son of Zakir , R/o Village- Rasaili, P.S.- Amour , District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2017 Heard both sides.

The petitioner apprehends his arrest in Amour P.S. case No. 78 of 2017 for the offences punishable under Section 341, 376/511 and some other sections of the Indian Penal Code. The informant alleged that she had gone to attend the call of nature but Munazir made abortive attempt to commit rape with her and when the mother of informant came, Munazir assaulted her with fist. On alarm, many villagers came but Mahboob, Saud and petitioner alleged to have threatened the villagers, who came there to save the informant. The learned counsel for the petitioner submits that there is no allegation against the petitioner that he made any attempt to outrage the modesty of the informant. The allegation of

Patna High Court Cr.Misc. No.42696 of 2017 (3) dt.21-12-2017 2/2 outraging the modesty of informant is against Munazir, son of the petitioner. Similarly situated accused Mahboob and Saud have already been granted anticipatory bail vide order passed in Cr. Misc. No. 44908 of 2017. The case of petitioner stands on the same footing.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Purnea in connection with Amour P.S. case No. 78 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T