Patna High CourtCR. MISC./36276/2022bail rejected

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

2022-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36276 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== Saddam Hussain @ Md. Saddam Hussain Son of Md Abbas Alam Resident of Village - Bagdahara Ward No.- 09, P.S.- Jokihat, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Section 376, 506/34 of the Indian Penal Code.

As per prosecution case, this petitioner committed sexual assault with the informant on the false promise of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the alleged relationship is said to have been developed in the year 2019 and FIR for the same has been lodged after a gap of two years i.e., on 04.06.2021. It is further submitted that relationship developed between them was consensual and as such no case under Section

Patna High Court CR. MISC. No.36276 of 2022(2) dt.07-11-2022 2/2 376 of IPC has been made out. Petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for bail application submitting that this petitioner committed sexual assault with the informant on the pretext of false promise of marriage and the aforesaid fact has also been supported by. Considering the statement of the victim recorded under Section 164 of IPC, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) navya/- U T