Md. Gulshabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27207 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- Akbarpur District- Purnia ====================================================== Md. Gulshabir S/O Md. Murshid, R/O Village- Banki, Police StationAkbarpur, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghib Ahsan, Sr. Advocate with Mr. Wasi Akhtar, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Akbarpur P.S. Case No. 72 of 2024 dated 16.09.2024, instituted for the offence punishable under Sections 64, 115(2), 126(3), 303(2), 74, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that he established physical relation with the informant on the pretext of marriage and both were residing together in Delhi. On 04.09.2024, the petitioner left the informant in his house and fled away. It is alleged that his family members assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the informant

Patna High Court CR. MISC. No.27207 of 2025(2) dt.06-05-2025 2/2 is a married woman aged about 30 years having four children. The petitioner is young boy aged about 25 years. It is further submitted that from perusal of the F.I.R. and statement of the victim recorded under Section 183 of B.N.S.S., it is evident that the informant established physical relation with the petitioner out of her own sweet will on the pretext of marriage. She was consenting party for establishing physical relationship with the petitioner. Lastly, it has been submitted that the petitioner is in custody since 18.01.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Purnea in connection with Akbarpur P.S. Case No. 72 of 2024.

(Khatim Reza, J) premchand/- U T