Patna High Court – Orders
Md. Arif Khan @ Md. Aarif vs The State Of Bihar on 23 April, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22101 of 2025
Arising Out of PS. Case No.-86 Year-2014 Thana- BRAHMPURA District- Muzaffarpur
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Md. Arif Khan @ Md. Aarif Son of Md. Amanullah Khan Resident of
Mohalla - Gafur Basti Mehandi Hassan Chowk, P.S. - Barahampura, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2025
Heard Mr. Sheo Kumar Prasad and the State.
2. The petitioner is apprehending his arrest in
connection with Barahampura P.S. Case No. 86 of 2014 for the
offence under sections 341, 323, 354, 504, 379 and 34 of the
I.P.C. lodged on 27.04.2014 by the informant, Neha Khatoon.
3. As per the prosecution story, the informant alleged
that while returning home, allegation is that this petitioner
snatched her ‘dupatta’, took her to the lonely place and
misbehaved. On alarm, the maternal uncle came and they went to
the house of the petitioner where one Md. Guddo assaulted Md.
Mustaq and others. The allegation of snatching of earing and
amount is also there. This led to the FIR.
4. Learned counsel for the petitioner submits that a
bare perusal of the FIR would show that due to some personal
Patna High Court CR. MISC. No.22101 of 2025(2) dt.23-04-2025
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problems, they have implicated this petitioner. He submits that
the other accused on whom the allegation of assaulting the
informant’s side, they have been extended the privilege of
anticipatory bail in Cr. Misc. No. 62623 of 2022 (Md. Asif Eqbal
Khan & Anr. Vs the State of Bihar) on 23.02.2023, in fact, he was
also granted the anticipatory bail but due to treatment of his
father, as he was away to Delhi, the modification petition filed
was rejected. He submits that the petitioner do not have criminal
antecedent and since the delay had occurred on his own would
like to contribute Rs. 10,000/- to the District Legal Services
Authority, Muzaffarpur for beautification of the Civil Court
Campus of Muzaffarpur Judgeship through Demand Draft issued
by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that he
has delayed coming to the Court, the FIR being of the year 2014.
6. Learned counsel for the petitioner submits that he
had no knowledge about it and came to know only after the other
co-accused who have since been granted bail approached the
Court in the year 2023 in fact, he was also granted relief, as stated
above, could not avail the same. Further, if granted relief, he shall
ensure to appear in trial diligently without fail.
7. Taking into account the aforesaid facts as narrated by
the learned counsel for the petitioner, other co-accused have been
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granted anticipatory bail as stated above, he was also earlier
granted relief and in that background, this Court is inclined to
extend him the privilege of anticipatory bail with conditions
subject to payment of Rs. 10,000/- to the District Legal Services
Authority, Muzaffarpur for putting up flower pots in the Civil
Court Campus of Muzaffarpur Judgeship through Demand Draft
issued by the local branch of the State Bank of India and the
receipt of the expenditure shall be submitted to the trial Court by
the DLSA, Muzaffarpur.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate 1 st Class, Muzaffarpur
East, in connection with Barahampura P.S. Case No. 86 of 2014
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
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bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
9. A copy of the order be sent to the Principal District
and Sessions Judge, Muzaffarpur for her perusal and needful.
(Rajiv Roy, J)
Adnan/-
U T
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