Md. Firoj @ Afar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9740 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- MANSAHI District- Katihar ====================================================== Md. Firoj @ Afar Son of Md. Hababul Resident of Village - Raghunichak, P.S. - Mansahi, District - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X, Informant/Victim Daughtr of Md. Zabar Resident of Village - Raghunichak, P.S. - Mansahi, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-05-2025 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Mansahi P.S. Case No. 101 of 2024, registered for the offences punishable under Section 64 of the BNS.

3. As per allegation, at the false pretext of marriage, the petitioner used to establish physical relation with the victim.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that it is an admitted fact that the victim is major and the relation between the victim and the petitioner is consensual. In medical report, no sign of sexual intercourse has been found.

Patna High Court CR. MISC. No.9740 of 2025(3) dt.14-05-2025 2/2

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that at the pretext of marriage, the petitioner had been establishing sexual relation with the victim for six months.

6. Admittedly, the victim is major. No sign of sexual intercourse was found in the medical report. The petitioner is a person of clean antecedent and is under custody since 20.09.2024 7 Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-Ist, Katihar in connection with Mansahi P.S. Case No. 101 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T