Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32554 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== Md. Akbar, Son of Md. Hashim @ Baichan, Resident of Village - Kumhiya, Police Station - Palasi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 354A, 342 and 313/34 of the Indian Penal Code.

Allegation against the petitioner is of sexual exploitation of the victim by pretending that the petitioner would marry with the victim. Later on, marriage was refused and miscarriage of the child in the womb of the victim was also done.

Learned counsel for the petitioner submits that during investigation, the witnesses have stated before the police that both were consenting parties. Some other witnesses stated that there was property dispute between the two, hence, false case has been lodged. The parties have entered into a compromise

Patna High Court CR. MISC. No.32554 of 2020(3) dt.08-01-2021 2/2 after Panchayati dated 05.03.2020. Petitioner is in custody since 19.05.2020. Investigation of the case against the petitioner is already complete.

Law is well settled that consent obtained by fraud is no consent. The independent witnesses are not competent to controvert the victim that her consent was obtained by fraud. Victim has supported the aforesaid allegation under Section 164 Cr.P.C. Hence, I am not inclined to enlarge the petitioner on bail in connection with Araria (Mahila) P.S. Case No. 39 of 2020, G.R. No. 1667 of 2020 pending in the Court of learned SubDivisional Judicial Magistrate, Araria/successor Court. Learned Trial Court is directed to expedite the trial of the case.

(Birendra Kumar, J) Kundan/- U T