Patna High CourtCR. MISC./33461/2025bail granted

Ahsan @ Babul v. The State Of Bihar

2025-08-06Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33461 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Ahsan @ Babul S/O Shamsul Resident of village- Diyaganj, Ward No. 06, Police Station and District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 45 of 2024 dated 02.08.2024 registered for the offence punishable under Sections 341, 323, 376D, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he committed rape with the informant on the false assurance of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that it is apparent from the written complaint that the informant is a married lady wife of Ashiq resident of Diyaganj Rampur, Koder Katti, Dist.-Araria. It is submitted that the occurrence, as alleged, took place in the

Patna High Court CR. MISC. No.33461 of 2025(3) dt.06-08-2025 2/2 house of the petitioner in the presence of his family members, which is apparent from the F.I.R.. It is further submitted that the occurrence took place on 26.06.2024 and the F.I.R. has been lodged on 02.08.2024 without any plausible explanation for the delay. Lastly, it has been submitted that the petitioner is in custody since 03.08.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Mahila P.S. Case No. 45 of 2024.

(Khatim Reza, J) prabhat/- U T