Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41979 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Saddam Hussain Son Of Manir Ansari @ Manir Alam Son Of Majhagarh Gulam Hussain Tola, Ps- Majhagarh, Dist- Gopalganj ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Ruksana Khatoon W/O Khairum Ansari R/O Village- Bahorah Hatta (Near Nanhki Nahar Pas), P.S.- Majhagarh, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the Informant.
2. The petitioner seeks regular bail in connection with POCSO Case No. 67 of 2023 arising out of Manjhagarh P.S. Case No. 323 of 2023, lodged on 15.09.2023, under Sections 376, 354(c), 506 and 509 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
3. As per the prosecution, the F.I.R. has been lodged against the petitioner against whom there is allegation that he used to commit sexual assault/exploitation of the victim on the pretext of marriage and also prepared her indecent photographs and threatened to make the same viral on social media.
Patna High Court CR. MISC. No.41979 of 2024(4) dt.25-09-2024 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there was love affairs in between them. In fact, they have solemnized marriage according to the Muslim Rites but vidai could not take place after Nikah and later on, the petitioner and his family members requested the informant for vidai but she always took time. Thereafter, the petitioner came to know that the victim wants to marry with another person. Subsequently, petitioner filed Matrimonial Case No. 239 of 2023 for restitution of conjugal life. Counsel further submits that the petitioner has clean antecedent and he is in custody since 15.02.2024.
5. Learned Counsel for the State opposes the prayer for bail.
6. Learned Counsel for the Informant and Learned Counsel for the petitioner jointly prayed that they are ready to settle their dispute outside the Court by way of entering into the marriage.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.41979 of 2024(4) dt.25-09-2024 3/3 Sessions Judge VI- cum-Special Judge POCSO, Gopalganj in connection with POCSO Case No. 67 of 2023 arising out of Manjhagarh P.S. Case No. 323 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
8. The Trial Court is directed to confirm the provisional bail of the petitioner only after production of the certificate of marriage with the informant duly obtained under the Special Marriage Act, 1954. If within 60 days the said certificate shall not be produced by the petitioner before the Trial Court, his provisional bail shall be cancelled. (Dr. Anshuman, J.) Aman Kumar/- U T