Allowed¶19

Md. Nausad v. the State of Bihar

Patna HC22 Feb 2024CR. MISC./12030/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No. 12030 of 2024; Md. Nausad v. The State of Bihar; pre-arrest bail / anticipatory bail; Section 438(2) Cr.P.C.; IPC Sections 341, 342, 504, 323, 354, 354D; outrage of modesty; Bela P.S. Case No. 63 of 2023; Bela Industrial, Muzaffarpur; bail bond Rs. 10,000/- with two sureties; Justice Purnendu Singh; order dated 22-02-2024.

What did the court decide?

Pre-arrest bail: petitioner to be released on bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur (East), subject to conditions under Section 438(2) Cr.P.C. ¶19

Md. Nausad Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12030 of 2024

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Arising Out of PS. Case No.-63 Year-2023 Thana- BELA INDUSTRIAL DistrictMuzaffarpur

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

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MD. NAUSAD S/O- LATE MD. TAJUDDIN R/O- VILLAGE- BELA CHHAPRA, P.S.- BELA, DIST.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs.Bela Singh, Advocate. For the Opposite Party/s : Mr.Satyendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 22-02-2024

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Heard Mrs. Bela Singh, learned counsel appearing

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on behalf of the petitioner and Mr. Satyendra Prasad, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Bela P.S. Case No. 63 of 2023 registered for the offence punishable under Sections 341, 342, 504, 323, 354 and 354D of the Indian Penal Code.

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As per the allegation made in the F.I.R., while the informant was on the way to attend school, the petitioner tried to outrage her modesty forcefully.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. She further submits that

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Patna High Court CR. MISC. No.12030 of 2024(2) dt.22-02-2024 2/2

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from very perusal of the F.I.R., no case under Sections 354 and 354D IPC is made out. The other sections of the Indian Penal Code are only ornamental in absence of any offence to have been committed by the petitioner. Hence, the petitioner deserves to be released on bail.

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Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

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Considering the rival submissions made on behalf of the parties and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Muzaffarpur (East) in connection with Bela P.S. Case No. 63 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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mantreshwar/-

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U T

Md. Nausad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Nausad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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