Mankhush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25714 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- PALASI District- Araria ====================================================== Mankhush S/O Md. Akhter @ Akhtar R/O Village- Kankhudia, Ward No. 01, P.S- Palasi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 307 of 2024 dated 07.09.2024 registered under Sections 126(2) / 115(2) / 76 / 352 / 351 (2) / 351 (3) / 3

(5) of the B.N.S. 2023.

3. As per the first information report the informant was in love with the petitioner for the last one year. The petitioner used to talk with the informant regularly and used to come to the informant's home also. The petitioner gave assurance to the informant to marry her and used to fiddle with the informant with bad intention. On 28.07.2024 in the evening while the informant was sitting in her courtyard the petitioner arrived and started fiddling with the informant and torn her clothes. When the informant parents arrived the petitioner told that he

Patna High Court CR. MISC. No.25714 of 2025(2) dt.07-05-2025 2/3 was ready to marry with the informant. Thereafter the informant's parents went to the house of the petitioner to meet his parents for the purpose of marriage and they demanded Rs. 1 lakh which was given by the informant's side but on one pretext or other her marriage was not solemnized and subsequently they demanded further Rs. 2 lakh. A panchayati was held on 02.09.2024 but nothing has helped.

4. Learned counsel for the petitioner submits that from perusal of the first information report it would be evident that there was love relationship between the petitioner and the informant. The negotiation of marriage took place between the parents of the petitioner and the informant but the same did not materialize. The allegation of molestation is of 28.07.2024 but after negotiation in the panchayat failed on 02.09.2024, the present F.I.R. has been lodged after much delay on 07.09.2024. Thus submission is that in fact after failure of marriage negotiation between the two family the present F.I.R. has been lodged in order to pressurize the petitioner and his family members.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that marriage negotiation was there between the two family, I

Patna High Court CR. MISC. No.25714 of 2025(2) dt.07-05-2025 3/3 am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Araria in connection with Palasi P.S. Case No. 307 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T