Md. Shahnawaz Hussain @ Md. Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28167 of 2020 Arising Out of PS. Case No.-47 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== MD. SHAHNAWAZ HUSSAIN @ MD. SHAHNAWAZ Son of Md. Shafi @ Md. Safiq Resident of Village- Domariya, Ward No.-02, Police StationRaniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Sanjana For the Opposite Party/s :

Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376/34 of I.P.C.

Prosecution case, in short, is that the petitioner on the pretext of marriage committed rape upon the victim. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.28167 of 2020(2) dt.02-11-2020 2/2 the petitioner is in custody since 25.02.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. On the pretext of marriage physical relationship was established between the petitioner and the victim. Counsel for the petitioner submits that from perusal of the F.I.R. itself, it is a case of consensual sex. He has placed reliance of a case of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors.).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria (Mahila) P.S. case No.47 of 2018.

Narendra/- (Sudhir Singh, J) U T