Patna High CourtCR. MISC./7765/2024bail granted

Md. Muntazir Alam @ Muntazir Alam @ Muntajir v. The State Of Bihar

2024-02-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7765 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- ANGARH District- Purnia ====================================================== Md. Muntazir Alam @ Muntazir Alam @ Muntajir Son Of Ramkimuddin Resident Of Village - Tetaliya, Moudha @ Mahadha, P.S. - Kochadhaman, District - Kishanganj ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP For the iNformant :

Mr. Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376 of the Indian Penal Code.

3. It is alleged that this petitioner on the false promise of marriage committed sexual assault with minor daughter of the informant.

4. It is submitted that both parties are adult and according to medical report the age of the victim is 22 years and no sign of sexual assault was found. It is a case of consensual relationship. Both of them were in relation for quite sometime which cannot be said to be induced or involuntary. The alleged occurrence is of 21.04.2023 but the complaint has been lodged on 27.08.2023 i. e,. after delay of about four months which itself

Patna High Court CR. MISC. No.7765 of 2024(2) dt.20-02-2024 2/2 creates doubt over the veracity of the entire prosecution . Petitioner claims clean antecedent.

5. Learned counsel for the State and informant opposes the bail petition of the petitioner.

6. Considering the criminal antecedent of the petitioner and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 Additional Sessions Judge - VII-cum-SPECIAL Judge (POCSO), Purnea in connection with Angrah P.S. case No. 36 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T