Md. Rahman @ Abdul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13551 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== MD. RAHMAN @ ABDUL RAHMAN S/o Md. Kalam R/o Vill- Mustafapur, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bibhutipur P.S. Case No. 83 of 2021 registered for the offence punishable under sections 376, 120B/34 of the Indian Penal Code.

As per allegation in the FIR, on the pretext of marriage, petitioner had established physical relationship with the informant and she became pregnant and given birth to a girl child. It is further alleged that several panchayat meetings were held to settle the dispute but failed and then the present FIR. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is a major lady and she has established consensual physical

Patna High Court CR. MISC. No.13551 of 2022(3) dt.03-01-2023 2/2 relationship with the petitioner. FIR has been lodged after a delay of about more than a year which creates doubt in authenticity of the prosecution story. Petitioner is in custody since 07.07.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Rosera Samastipur in connection with Bibhutipur P.S. Case No. 83 of 2021.

(Sunil Kumar Panwar, J) sushma/- U T