Gulam Rabbani @ Rabbani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23497 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- MAHILA P.S. District- Kishanganj ====================================================== Gulam Rabbani @ Rabbani S/o- Late Reyaz Alam @ Late Md. Reyaz Village- Hajari Ps- Pathamari Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Mannan Khan Mr. Shive Kumar For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-05-2025 Heard learned counsel for the parties.
2. The petitioner seeks bail in connection with Mahila P.S. Case no. 39 of 2024 registered for the offence punishable under sections 115(2), 126(2), 64(1), 351(2), 89 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 3 and 4 of the Dowry Prohibition Act.
3. As per allegation in the F.I.R, the informant states that on the point of knife the petitioner committed rape on her and on her cry he assured that he would marry her. On this false assurance he established physical relations with her on a number of occasions as a result of which she became pregnant. He forced her to abort. It is further stated that the accused persons started making demand of Rs.10 lakhs by way of dowry
Patna High Court CR. MISC. No.23497 of 2025(3) dt.14-05-2025 2/2 if she wanted to marry with the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The parties were in a consensual relationship and the same having failed the instant case has been registered with false allegations. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.
5. The petitioner is in jail since 19.12.2024.
6. Considering the fact that this is a case of consensual sex, this application is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st, Kishanganj/concerned Court below in connection with S.Tr. No. 26 of 2024 arising out of Kishanganj Mahila P.S. Case No. 39 of 2024.
(Sandeep Kumar, J) Vikas/- U