Md. Tauqir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8003 of 2020 Arising Out of PS. Case No.-452 Year-2019 Thana- SIRDALA District- Nawada ====================================================== MD. TAUQIR ALAM Son of Md. Jahangir Alam Resident of Village - Khatangi, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Chandani Praveen D/O - Md. Sameer Ansari Resident of Village - Khatangi, P.S.- Sirdalla, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 341, 323, 366(A), 376, 312, 504, 506, 120(B) of the Indian Penal Code.

Informant has alleged in her written complaint that petitioner on promise of marriage established physical relation with her and exploited her sexually but subsequently he refused to marry her.

It has been submitted on behalf of the petitioner that he is innocent and and the matter was resolved in Panchayati in which allegations made against petitioner were

Patna High Court CR. MISC. No.8003 of 2020(2) dt.29-02-2020 2/2 found to be false and concocted. It is submitted that it was just a ploy to force petitioner to marry informant. No offence under Section 376 of IPC is made out against the petitioner as there is no allegation of establishing physical relation with informant against her will or without her consent.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sirdalla P.S. Case No. 452 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T