Md Sarfaraj @ Sarfaraj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12947 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Md Sarfaraj @ Sarfaraj Alam S/o Fakruddin @ Mohd. Fakiruddin R/o VILL - AMDABAD WARD NO. 02, P.S. - AMDABAD, DIST. - KATIHAR ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Bimal Kumar, Advocate For the Opposite Party :
Mr.Ram Naresh Ray, Addl Public Prosecutor Mr. R.Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner, the State and the informant.
2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 376 and 498aA of the Indian Penal Code and section 4 of the POCSO Act.
3. As per the prosecution case, in morning on 11-092020, the complainant was doing house hold work at the house of the accused, then all of a sudden petitioner who happens to be cousin of the complainant/victim girl, finding her alone in the house, closed the door of the room and committed rape with her giving threat to kill her by holding her throat, due to which bleeding started from her private part and after the occurrence the complainant/victim went her home and narrated the entire incident to her family members and when her parents started going to Police Station to lodge the case, the people of village community and the accused Fakruddin did not let them to go to the police station and got the complainant/victim girl married to the accused petitioner. After marriage, when the complainant/victim girl went to her in-laws house, petitioner left the house and fled away. Two months back, when the complainant/victim girl was at her in-laws house, all the coaccused persons assaulted the victim with kick and fists and
Patna High Court CR. MISC. No.12947 of 2024(4) dt.03-05-2024 2/2 ousted her from the house.
4. Learned counsel appearing for the petitioner submits that as a matter of fact, the entire allegation of commission of rape is completely absurd and false as informant and petitioner are none else but cousin which will is evident from the FIR itself and when the dispute arose between the parties in their matrimonial life she filed the present case with a frivolous and bald allegation of commission of rape otherwise their marriage has been performed on that very day ie. 11.09.2020. Petitioner is always ready to keep the informant with full honor and dignity. Petitioner has also filed a Matrimonial case against the present informant before the learned Principal Judge, Family Court. Katihar vide Matrimonial case No. 93 of 2023 for restitution of his conjugal life. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 12.1.2023.
5. Learned counsel for the State as well as the informant oppose the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned 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 Additional Sessions Judge VII cum Special Judge, POCSO Court, Katihar in Amdabad Police Station Case No. 25 of 2023.
(Prabhat Kumar Singh, J) Shashi U T