Allowed

Md. Irfan v. The State of Bihar

Patna HC6 Dec 2023CR. MISC./54039/2023

Case brief

AI extract

What is this about?

Petitioners filed for anticipatory bail in case involving IPC offences including ORC and abusive conduct. Court permitted removal of defects and granted bail upon arrest or surrender within six weeks upon furnishing bond.

What did the court decide?

Enlarged on anticipatory bail on surrender within six weeks on furnishing bail bond of Rs. 20,000 each with two sureties of the like amount.

Md. Irfan Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54039 of 2023

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Arising Out of PS. Case No.-341 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga

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======================================================

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Md. Irfan Son Of Md. Abdul Salam @ Md. Abdus Salam R/O-Muriya, O.P. Bhalpatti, P.S.-sadar, Distt.-darbhanga

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Md. Mustaqueem Son Of Md. Abdul Salam @ Md. Abdus Salam R/OMuriya, O.P. Bhalpatti, P.S.-sadar, Distt.-darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s : Ms.Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 06-12-2023

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Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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3. The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 341 of 2023 dated 21.05.2023 registered for the offences punishable under Sections 341, 323, 324, 308, 354B, 504 and 506 read with 34 of the Indian Penal Code.

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4. As per the prosecution case, the petitioners were quarreling with each other. On being pacified, they abused and assaulted the informant with lathi and made her nude. In the

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Patna High Court CR. MISC. No.54039 of 2023(4) dt.06-12-2023 2/3

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meantime, Md. Irfan inflicted blow of dagger on the head of the informant causing broken injury. Thereafter, they also molested her and they snatched her mangalsutra and Rs. 1,500/-.

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5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. Learned counsel has further submitted that the injury is simple in nature caused by hard and blunt substance. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

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7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/(Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Sadar P.S. Case No. 341 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Patna High Court CR. MISC. No.54039 of 2023(4) dt.06-12-2023 3/3

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8. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Md. Irfan v. The State of Bihar

Case brief

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Md. Irfan v. The State of Bihar

Case brief

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