Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14591 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md. Irfan S/O Md Lal Babu @ Mohammad Lalbabu R/v-Ram Nagar, P.S. -Gaighat, Distt. Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Sujata Sinha, Adv For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Gaighat P.S. Case No. 211/2024 registered for the offence under Sections 70 (1), 333, 3(5) of BNS Act.
3. In this case, the victim is a maiden lady, aged about 22 years. On 18.08.2024, she made a written report wherein, it is alleged that on 17.08.2024 at about 11:00 P.M. present applicant along with other co-accused person Md. Bakhtyar entered in her house and both of them on gun point committed forcible sexual intercourse with her one by one and after the incident, they fled away from the spot. Next day Panchayati was conveyed and thereafter, report was lodged by
Patna High Court CR. MISC. No.14591 of 2025(3) dt.12-05-2025 2/3 the victim.
4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case due to some previous dispute with the victim and her family members. He further submits that a medical report of the victim does not support the case of the prosecution. Lastly, it is submitted by the counsel that the applicant is in custody since 05.10.2024. Charge-sheet has been filed. Trial is still going on, it will take some more time, therefore, on these grounds it is prayed that applicant may be granted benefit of bail.
5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.
6. Considering the above submissions put forth by both the counsels and particularly considering the medical report of the victim lady, I am of the view that the petitioner should be enlarged on bail. Accordingly, without commenting other merits of the case.
7. Accordingly, the application is allowed.
8. The petitioner, above named, 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
Patna High Court CR. MISC. No.14591 of 2025(3) dt.12-05-2025 3/3 J.M. 1st class(east) court no. 02, Muzzafarpur in connection with Gaighat P.S. Case No. 211/2024.
(Arvind Singh Chandel , J) krishnakant/- U T