Nasir Ashfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21915 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== NASIR ASHFAQUE S/o Late Ashfaque Ahamad R/o village- Khiribandh, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP For the Informant :

Mr. Rashik Izhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for petitioner, learned counsel for the State and learned counsel for the informant. Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 376, 420, 504, 506/34 of the Indian Penal Code.

Informant Mahelka in her written complaint has alleged that her elder sister was married with one Tarique Ashfaque and she used to visit her sister's house and in course of visiting, petitioner developed intimate relation with her and on promise of marriage, he established physical relation for the last 6-7 years with her but subsequently, he denied to marry her and also threatened her brother to kill him.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No. 21915 of 2022(2) dt.18-07-2022 2/3 that he in innocent and has been falsely implicated in this case The allegation of establishing physical relation with her on promise of marriage is false and concocted. The allegations even assumed to be true being consensual cannot be offence. Petitioner has no criminal antecedent and is in custody since 02.02.2022.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bhagalpur, in connection with Bhagalpur Mahila P.S. Case No. 07 of 2022, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on

Patna High Court CR. MISC. No. 21915 of 2022(2) dt.18-07-2022 3/3 two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner., (S. Kumar, J) Rajiv/veenaU