Md. Danish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37223 of 2025 Arising Out of PS. Case No.-305 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Danish S/o Md. Murshil R/o Village- Ganeshpur, P.S.- Krityanand Nagar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunath Singh, Advocate For the State :
Mr. Ram Naresh Ray, APP For the Informant :
Mr. Sumit Kumar Bhagat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with K. Nagar P.S. Case no. 305 of 2024 registered under sections 126(2), 115(2), 352, 351(2), 64 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to have forcibly established physical relations with the daughter of the informant on the pretext of marriage.
4. Learned counsel for the petitioner submits that the allegations levelled in the FIR are false and concocted. Both the
Patna High Court CR. MISC. No.37223 of 2025(3) dt.03-09-2025 2/3 parties being major, the relationship, if any, was consensual. The petitioner and the informant are both co-villagers and it is for this reason that there is inordinate delay in lodging of the FIR. The petitioner has no criminal antecedent and the FIR has been filed only for the reason to force the petitioner to marry the daughter of the informant.
5. The application for anticipatory bail is opposed by learned A.P.P for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation of the petitioner having committed rape on the daughter of the informant, which has been supported by the victim in her statement recorded in course of investigation.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the victim having supported the prosecution case together with the material that has transpired in course of investigation to the effect that the petitioner threatened the informant's daughter of making the objectionable video viral if she did not act in the manner he desired, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.
Patna High Court CR. MISC. No.37223 of 2025(3) dt.03-09-2025 3/3
7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.
(Partha Sarthy, J) sauravkrsinha/- U T