Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68542 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

MD. IRSHAD Son of Late Ikramuddin Resident of Village - Dhama Ward No. 10, P.S.- Raniganj, District- Araria 2.

Md. Asir Son of Late Ikramuddin Resident of Village - Dhama Ward No. 10, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Abdul Sakoor Son of Late Islamuddin Resident of Village - Dhama Ward No. 10, P.S.- Raniganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case No.173C of 2018 , registered for offences punishable under Sections 379, 323, 341, 342, 447, 354 of the Indian Penal Code.

As per FIR the petitioners have assaulted the complainant while she had went to cut the bamboo on her purchased land and also tried to outrage the modesty of the wife of the complainant.

Submission of the learned counsel for the petitioners is that there is inordinate delay of 5 days in lodging the FIR and

Patna High Court CR. MISC. No.68542 of 2019(2) dt.25-10-2019 2/2 due to dispute with respect to the land, they have been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Sharma, J.M. 1st Class, Araria in connection with Complaint Case No.173C/2018 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T