IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14620 of 2025 Arising Out of PS. Case No.-868 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Prawej @ Md. Parwej @ Parwej Sah, S/O Md. Khali Sah, Village- Khanpur @ Baijnathpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 12-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 868 of 2024, registered for the offences punishable under Sections 379, 324, 376 and 511 of the Indian Penal Code. 3. The complaint instituted by the complainant which was sent to the concerned police station under Section 156(3) of the Code of Criminal Procedure and registered as the present FIR, alleged that on 21.05.2024 while the maternal grand- daughter of the informant was sleeping in the night, in the mean while the petitioner entered in her house and tried to ravish her. On halla being raised, the informant and her maternal grand- Patna High Court CR. MISC. No.14620 of 2025(3) dt.12-05-2025 2/3 daughter caught hold the petitioner and while they were calling the police, in the mean while, all the family members of the petitioner came there and brutally assaulted them and looted the valuables. 4. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that the alleged occurrence took place on 21.05.2024, but the complaint was filed on 27.06.2024, which was later on sent to the concerned police station. In fact, this case is nothing, but a counterblast to Ahiyapur P.S. Case No. 691 of 2024, which came to be lodged by the sister of the petitioner against the daughter of the informant on 25.05.2024, for which her fard beyan was recorded on 23.05.2024 in S.K.M.C.H. Muzaffarpur. The present case is in retaliation to the case aforenoted. It is further contended that in fact the present case is instituted only with a view to mount pressure and wreck vengeance. Moreover, during the course of investigation, no specific material has come and, as such, the police has also recommended for submission of chargesheet under Section 341, 323, 324, 354(B), 379, 504 and 34 of the Indian Penal Code. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the Patna High Court CR. MISC. No.14620 of 2025(3) dt.12-05-2025 3/3 petitioner misbehaved with the maternal grand-daughter of the informant, leading to institution of the present case. 6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR, coupled with the fact that the sister of the petitioner had lodged a case against the daughter and son-in-law of the informant, as also the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 868 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T