IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5689 of 2025 Arising Out of PS. Case No.-38 Year-2021 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Md. Intiyaz @ Md. Imtiyaz S/O Md. Yusuf @ @ Md. Yusuf Khan @ Jhapsu Miyan R/O Village- Aalapur, P.S- Baughat, Distt.- Sheikhpura. ... ... Petitioner/s Versus 1. The State of Bihar 2. XXXXX D/O Dhaneshwar Thakur Through her fater Dhaneshwar Thakur, R/O Village- Neemchak, Post- Babhangaon, P.S- Amhara, Distt.- Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinkar Kumar, Adv. For the State : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Nobody appears on behalf of the informant despite issuance of notice. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 365, 366A of the Indian Penal Code and Section 8/12 of POCSO Act. However, later on, cognizance has been taken under Section 323, 341, 354, 354B of the Indian Penal Code and Section 8 of POCSO Act. 3. The allegation in the FIR is that of using of abuses, filthy language and outraging the modesty of the Patna High Court CR. MISC. No.5689 of 2025(4) dt.13-08-2025 2/3 informant/victim by the petitioner while she was plucking khesari leaves in her field. 4. Learned counsel for the petitioner submits that the allegations in the FIR are totally incorrect and as a matter of fact, the informant along with others were cutting khesari leaves from his field to which he protested whereafter the uncle and other family members of the present informant started assaulting him indiscriminately on account of which he became injured and underwent treatment at Sadar Hospital, Sheikhpura. It is further submitted that an FIR with regard to the said incident was lodged by the present petitioner showing his fardbeyan was recorded in the hospital on 17.12.2020 and the FIR has been annexed as Annexure-P/3 to the petition. It is only after filing of this case that the present complaint came to be lodged by the informant/victim with false and concocted facts on 09.02.2021 whereupon the FIR was instituted on 28.07.2021. It is also submitted that after investigation, final form was submitted in favour of the petitioner on 31.03.2022, whereafter cognizance was taken on 20.06.2024 differing with the said final form. 5. Learned APP for the State opposes the grant of anticipatory bail on the ground that the victim/informant has supported the allegation of teasing and inappropriate touching Patna High Court CR. MISC. No.5689 of 2025(4) dt.13-08-2025 3/3 in the statement recorded under Section 164 Cr.P.C. 6. Considering the above-mentioned facts and circumstances of the case including the facts that there is case and counter case between the parties and final form has been submitted against the petitioner during the course of investigation and also that the story of the FIR of the complaint has been improved by the victim in her 164 Cr.P.C. statement, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sheikhpura (Mahila) P.S. Case No. 38 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. divyanshi/- (Soni Shrivastava, J) U T