MD. NAUSHAD v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 376
- Dowry Prohibition Act, 1961 ss. 3, 4
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Iqbal Asif Niazi Mr.Anita Kumari Singh 3 01-11-2022 Heard learned counsel for the parties. The petitioners apprehend their arrest in a case registered for the offence under Section 376 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. It is submitted on behalf of petitioners that specific accusation of sexual assault is against co-accused Md. Taj and petitioners have been made accused in this case merely because they happen to be close relatives of co-accused Md. Taj. It is further submitted that the victim (informant), in her statement recorded under Section 164 Cr.P.C., has not whispered anything against these petitioners. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition. Patna High Court CR. MISC. No.34762 of 2022(3) dt.01-11-2022 Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with Kamtaul P.S. Case No. 297 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. anay/- U T (Prabhat Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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