Md. Rahbar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29358 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. RAHBAR SON OF MD. AFROJ @ RAMU RESIDENT OF VILLAGESAKARPURA, WARD NO. 20, PS- BAKHRI, DIST- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 323, 504, 354B and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on the false promise of marriage, this petitioner established physical relations with the complainant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that though there is allegation of sexual assault against this petitioner but the learned court below has disbelieved the prosecution case and has taken cognizance against this petitioner under Section 354B of the Indian Penal Code. As a matter of fact, both parties are co-villagers and due to a petty dispute, this false and concocted
Patna High Court CR. MISC. No.29358 of 2024(3) dt.04-07-2024 2/2 case has been lodged. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai, in connection with Complaint Case No. 218C of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T