Md. Kamran Khan @ Md. Kamran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11648 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Md. Kamran Khan @ Md. Kamran S/o- Majid Khan R/o Village- Rahimabad PS- Tajpur Distt-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Mahua PS case no. 107 of 2024 dated 03.03.2024, disclosing offences punishable under Sections 323, 376, 504, 506/34 of the Indian Penal Code and Sections 66 & 67 of I.T. Act.
3.
The prosecution story, as per the First Information Report, is that on 04.03.2024, marriage of informant's daughter was fixed with the petitioner. It is alleged that during passage of time, they developed love relationship and the daughter of the informant started living with the petitioner as husband and wife. It has further been alleged that the petitioner started establishing physical relation with the informant's daughter and he took
Patna High Court CR. MISC. No.11648 of 2025(2) dt.02-04-2025 2/3 video of their private moments. Subsequently, the petitioner started blackmailing the victim girl, threatened her to make viral of her objectionable videos and on that pretext, kept on establishing physical relations. On 26.02.2024, when the informant along with her daughter went to the house of the petitioner, the petitioner and other family members threatened the informant to make video viral.
4.
Learned Counsel for the petitioner submits that informant's daughter is major and even for the sake of argument the allegation made in the F.I.R. is taken as true, the physical relationship between the two appears to be consensual in nature. Learned counsel further submits that from the F.I.R., it is evident that marriage negotiation between the victim girl and the petitioner was finalized but due to some dispute, F.I.R. was lodged and after lodging the F.I.R., the petitioner has solemnized marriage with the victim girl as per Muslim rites and rituals, which is evident from marriage certificate dated 13.11.2024, annexed as Annexure P/2 to the present application. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that marriage of petitioner and informant's daughter was fixed and subsequently, they have solemnized marriage as per Muslim
Patna High Court CR. MISC. No.11648 of 2025(2) dt.02-04-2025 3/3 rites and rituals, as is evident from Annexure P/2, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released 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 J.M. 1st class, Hajipur at Vaishali in connection with Mahua PS Case No. 107 of 2024, subject to the condition laid down under Section 432(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T