Md. Shahid Afjal @ Sahid Afjal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28794 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== MD. SHAHID AFJAL @ SAHID AFJAL S/o Md. Chhote Resident of Village- Dumari, P.S.- Rahika, Dist- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 87 of 2019 for the offence punishable under Sections 376 and 34 of the Indian Penal Code. The petitioner is alleged to have made a promise to the informant that he would marry her and on that pretext, he is stated to have engaged in establishing sexual relationship with the victim girl since about 4-5 years.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the girl and the petitioner herein are major and at best the sexual relationship, in between them, can be said to be consensual in nature,

Patna High Court CR. MISC. No.28794 of 2020(3) dt.18-01-2021 2/3 nonetheless, there is no question of the petitioner having forcibly established sexual relationship with the victim girl. Per contra, the learned counsel for the informant has submitted that the victim girl was allured by the petitioner on the false pretext of marrying her and in the process he has committed wrong with her.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties as also considering the materials available in the case diary, this Court finds that according to the physical and pathological report, the Board has opined that it cannot conclude as to whether sexual assault has been done or not and further. The Medical Board has found the age of the victim girl to be 19 years, hence, this Court finds that miniscule evidence is available on record so as to connect the petitioner with the alleged crime in question, thus, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioner above-named shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.28794 of 2020(3) dt.18-01-2021 3/3 learned S.D.J.M., Madhubani in connection with Mahila P.S. Case No. 87 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T