Md. Toukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19753 of 2025 Arising Out of PS. Case No.-191 Year-2023 Thana- JALALGARH District- Purnia ====================================================== Md. Toukir Son of Sk. Tamijuddin @ Shekh Tamij Uddin Resident of Village - Marocha, P.S.- Kasba, District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Farida Parween, D/O- Md. Tahseen @Tahir R/O- Ghaski, P.S.- Jalalgarh, District- Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Jalalgarh P.S. Case No. 191 of 2023, registered for the offences punishable under Sections 376 and 120(B) of IPC.

3. According to the FIR/complaint, the victim was on talking terms with the petitioner for a year. On telephonic call of the petitioner, she went out from her house, where the petitioner forcibly boarded her in a vehicle, and when she denied, he called his associate, and after forcibly boarding her in that vehicle, he brought her in the forest and committed rape

Patna High Court CR. MISC. No.19753 of 2025(3) dt.13-08-2025 2/2 upon her.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The FIR itself shows that the victim and the petitioner both were in talking terms, which shows that it is a case of consensual physical relation. The victim is major and when she realized the mistake, she compromised the case. The petitioner is under the custody since 2-1-2025.

5. On the other hand, Sri J.N. Thakur, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 191 of 2023, subject to the condition 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) kundan/- U T