Md. Dilsaaz @ Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4589 of 2025 Arising Out of PS. Case No.-662 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Dilsaaz @ Dilshad S/O- MD. Mukhtar @ MD. Najir Hussain MohDullu Tola ward no-18 P.S. Forbesganj District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pronoti Singh, APP For the Informant :

Mr. Gopal Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 662 of 2024 instituted for the offences under Sections 191(2), 115(2), 69, 352, 351(2) of the BNS.

3. Accusation against the petitioner is of establishing physical relations with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that initially, complaint was filed by the complainant and subsequently, an FIR was registered. Learned counsel further submitted that the victim has levelled the allegation against the petitioner that he

Patna High Court CR. MISC. No.4589 of 2025(3) dt.28-04-2025 2/3 sexually assaulted the victim on the pretext of marriage. Learned counsel further contended that even if the statement of the victim is taken to be true, it is case of consensual physical relation. Learned counsel further submitted that petitioner never made physical relations with the victim and the victim has lodged the false case against the petitioner only to grab money from the petitioner. Learned counsel further submitted that, as a matter of fact, the victim is in habit of lodging false cases against the innocent persons just to extort money from them like the one she lodged a case against Md. Chunna Ansari. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has supported the case of the prosecution.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.4589 of 2025(3) dt.28-04-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. Case No. 662 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T