Md. Farhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8282 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== MD. Farhan S/o MD. Tanveer @ Md. Tanbir R/o village- Naya tola, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehana Khatoon D/o Late Md. Ajmal R/o vill - Naya Tola, P.S.- Hayaghat, Distt.- Darbhanga 3.

Shabnam Khatoon W/o Late Md. Ajmal R/o vill - Naya Tola, P.S.- Hayaghat, Distt.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fahad Khurshid, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

For the Informant :

Mr. S.M. Imamul Haque, Md. Mural Ashraf, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 376, 504, 506/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that this petitioner lured minor daughter of the informant on false promise of marriage and established physical relationship with her. It is further alleged that on 18.06.2024 when informant went to the house of this petitioner to negotiate about the marriage, she was assaulted and misbehaved by the accused persons.

Patna High Court CR. MISC. No.8282 of 2025(3) dt.29-04-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, informant had taken Rs. 25,000/- for the purpose of construction of house from petitioner and when petitioner asked for his money, she did not return the same and lodged this false and concocted case with a view to grab his money. Victim in her statement recorded under Section 164 Cr.P.C. has not alleged any sexual assault against petitioner, which itself falsifies the prosecution case. It is further submitted that after intervention of well-wishers, dispute between the parties has already been resolved and a joint compromise petition in this regard has also been filed. Petitioner claims clean antecedent.

5. Heard learned A.P.P. for the State as well as learned counsel for the informant. Learned counsel for the informant does not dispute the contention made on behalf of the petitioner and confirms the settlement between the parties.

6. Considering statement of the victim recorded under Section 164 Cr.P.C and the fact that matter has already been resolved between the parties, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-

Patna High Court CR. MISC. No.8282 of 2025(3) dt.29-04-2025 3/3 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Darbhanga, Bihar in connection with Hayaghat P. S. Case No. 87 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T