Nawed @ Nawed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8359 of 2025 Arising Out of PS. Case No.-275 Year-2024 Thana- BAISI District- Purnia ====================================================== Nawed @ Nawed Alam S/o- Late Jamshed R/o- Pokharia, PS- Baisi, DisttPurnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP Mr.Dhirendra Kumar Singh, Adv.for informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 376, 313 of the Indian Penal Code.
3. Informant alleged that on 02.06.2023 at about 7 PM, while she was going to her house thorough bamboo orchard, this petitioner caught her and forcibly made physical relation with her and also threatened on point of knife not to disclose the ordeal to anyone and promised that he would marry her. Later on, the informant became pregnant, but this petitioner terminated her pregnancy and refused to marry her. It is further alleged that on 21.08.2024 at about 7 PM, this petitioner
Patna High Court CR. MISC. No.8359 of 2025(3) dt.12-05-2025 2/3 alongwith other co-accused persons surrounded informant and also assaulted her, however, due to intervention of some villagers, she could save her life. Informant also alleged that this petitioner, on the pretext of marriage, made physical relation with her on several occasions.
4. Learned counsel for the petitioner submits that F.I.R. has been lodged after a delay of three months without any plausible explanation of delay. Moreover, during pendency of the case, parties have entered into a compromise and pursuant to that compromise, petitioner has solemnized marriage with the victim and both of them are living together, as husband and wife. The victim, in her statement recorded under Section 164 Cr.P.C., has reiterated similar statement. Petitioner claims clean antecedent.
5. Learned counsel for the informant/opposite party no. 2 does not dispute the contention and confirms the fact of compromise between the parties.
6. Considering the backdrop of the case, fact that parties have entered into compromise and the fact that they have solemnized marriage, the prayer for anticipatory bail of petitioner is allowed. Accordingly, in the event of arrest/surrender before the Court below within a period of eight
Patna High Court CR. MISC. No.8359 of 2025(3) dt.12-05-2025 3/3 weeks from today, let the above named petitioner 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 learned S.D.J.M., Purnea in connection with Baisi P.S. Case No. 275 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T