Md. Gulam Rashul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25078 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== MD. GULAM RASHUL SON OF MD. LAL BABU R/O VILLAGEMIRJAPUR, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 467, 468, 471, 495, 496, 376 and 420 of the Indian Penal Code and 4 and 5 of Immoral Traffic Prevention Act.

As per the prosecution case, the informant was married to the petitioner. After marriage, she came to know that the petitioner is already married having three children. The petitioner used to assault and pressurize the informant to have sexual relationship with other persons on the point of knife and

Patna High Court CR. MISC. No.25078 of 2022(2) dt.24-08-2022 2/2 she was also forced for prostitution.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. The allegation against the petitioner is false and concocted. The petitioner has clean antecedent as stated in para 3 of the bail petition. Charge-sheet has already been submitted against the petitioner. The petitioner is the husband of the informant and a case u/s 376 is not made out against the petitioner. The petitioner is in custody since 23.10.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is allegation against the petitioner of compelling her wife to have sexual relationship with other persons.

Considering the aforesaid facts and circumstances of this case, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sambhu Kumar Gupta learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Karja P.S. Case No. 211 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T