Md. Ajeem @ Ajeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75602 of 2019 Arising Out of PS. Case No.-342 Year-2019 Thana- JOKIHAT DistrictAraria ====================================================== 1.

MD. AJEEM @ AJEEM Son of Md. Jilat Resident of Village- Baghara, P.S.- Jokihatta, District- Araria.

2.

Shahid Son of Md. Ajeem @ Ajeem Resident of Village- Baghara, P.S.- Jokihatta, District- Araria.

3.

Rayes Son of Md. Ajeem @ Ajeem Resident of Village- Baghara, P.S.- Jokihatta, District- Araria.

4.

Rashid Son of Md. Ajeem @ Ajeem Resident of Village- Baghara, P.S.- Jokihatta, District- Araria.

5.

Sakib Son of Md. Ajeem @ Ajeem Resident of Village- Baghara, P.S.- Jokihatta, District- Araria.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary, Advocate.

For the Opposite Party/s:

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354(B), 379, 427, 504, 506, 34 of the Indian Penal Code registered in connection with Jokihatt P.S. Case No. 342 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the accusations of assault and molestation are general and omnibus in nature without any specific assault attributed to them individually. There is no injury report to corroborate the accusation of assault. The accusation under Section 379 IPC is mere embellishment. The petitioners' side has

Patna High Court CR. MISC. No.75602 of 2019(3) dt.06-03-2020 2/2 also filed Jokihat P.S. Case No. 343 of 2019 the same day as well as Mahila P.S. Case No. 119 of 2019 the following day.

4. Learned APP appears and opposes the petition, submitting that the two F.I.Rs filed by the petitioners' side are subsequent to the present F.I.R. and are thus no more than an afterthought. The petitioners are accused in one prior case in Jokihat P.S. Case No. 224 of 2018 involving allegations under Sections 341, 323, 324, 354B, 506, 34 of the Indian Penal Code.

5. Having regard to the nature of the accusations, gravity of the offences alleged as well as the criminal antecedents of the petitioners, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The petition stands rejected.

6. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with law on the same day, without being prejudiced by any observation in the present order. (Vikash Jain, J) Ibrar//- U T