Patna High CourtCR. MISC./10418/2023allowed

Hussain Kurashi v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10418 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== HUSSAIN KURASHI Son of Farid Kurashi R/V- Naya Bhojpur, P.SDumraon, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 379, 376, 504/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is of making physical relation with the informant/victim on the false pretext of solemnization of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per statement of victim recorded under section 164 of Cr.P.C. which is annexed vide supplementary affidavit, it appears that the victim girl was in love affairs with the petitioner for the last five years she herself

Patna High Court CR. MISC. No.10418 of 2023(2) dt.09-05-2023 2/2 left her house. The victim girl, aged about 23 years, is major and matured mind. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar Mahila P.S. Case No. 56 of 2022 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. at Buxar.

(Sunil Kumar Panwar, J) subham/- U