Md. Saquib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20009 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Saquib S/O Sanjur Alam Resident of Village- Hayatpur, Bharwara, P.S.- Singhwara, Dist.- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2025 Heard Mr. Iqbal Asif Niazi, learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. Petitioner seeks regular bail in connection with Mahila P.S. Case No. 78/ 2024 dated 08.07.2024 registered for the offence(s) punishable under Section(s) 376, 504, 506 read with section 34 of the IPC.

3. The main submissions advanced by the petitioner's counsel are that if the prosecution's story narrated in the FIR is believed even then the alleged physical relationship between the petitioner and the informant seems to be consensual as the relationship is said to have been started since the year 2022 but the FIR was registered on 08.07.2024, so, the long silence on the part of the informant in taking the legal action in respect of the alleged act of the petitioner shows that she was consensual in establishing the said relationship with the petitioner, in fact, the allegations levelled in the FIR are totally false as the petitioner is cousin brother-in-law of the informant's sister, Ghazala Ambari who wanted her sister (informant) to marry

Patna High Court CR. MISC. No.20009 of 2025(2) dt.28-04-2025 2/2 with the petitioner and when the petitioner refused then the FIR was lodged with a false story. It is lastly submitted that petitioner has been languishing in jail since 28.11.2024 having fair and clean antecedent and the investigation against him has been completed.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the aforesaid submissions advanced by the petitioner's counsel coupled with the fact that the petitioner has fair and clean antecedent and the investigation against him has been completed, this court is inclined to grant the relief of regular bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Mahila P.S. Case No. 78/ 2024 on furnishing bail bond of Rs.20,000/- ( Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T