Md. Manzoor Alam @ Manzoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30354 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- KONCH District- Gaya ====================================================== Md. Manzoor Alam @ Manzoor Alam Son Of Md. Anwar Ansari Resident Of Village - Karai, P.S. - Konch, District - Gaya (Bihar) ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Advocate & Mr. Ramchandra Singh, Advocate For the State :

Mr. Addl Public Prosecutor For the informant Mr. Rashid Izhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-10-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in Konch Police Station Case No. 234 of 2020 registered for the offences punishable under sections 376, 420, 323, 504/34 of the Indian Penal Code.

As per the prosecution case, petitioner sexually exploited the minor girl/ the informant for past eight months on false assurance of marriage as a result of which she became pregnant.

It is submitted by learned counsel for the petitioner that there was love affair between the parties and both of them are major. Physical relationship was established with the

Patna High Court CR. MISC. No.30354 of 2021(3) dt.05-10-2021 2/2 consent of the informant. It was consensual sex and as such no offence under section 376 of the IPC is made out against the petitioner. It is also submitted that the petitioner had also filed a petition before the Court below for conducting DNA test of the unborn child. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 14.8.2020.

Learned counsel for the State and the informant opposed the prayer for bail and submit that the victim in her section 164 Cr.P.C. statement has supported the prosecution case. Even medical report also corroborates the accusation made against this petitioner.

In view of the nature and gravity of allegation made in the FIR against the petitioner, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T