Akhlakur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39908 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- KODHOBARI District- Kishanganj ====================================================== AKHLAKUR RAHMAN SON OF LATE ABDUL MAJID @ MOJU HAJI R/O VILLAGE- LAXMIPUR, SARPACH TOLA, P.S.- KODHOBARI, DISTRICT- KISHANGANJ, BIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHANDTARA KHATOON @ CHANDA KHATOON D/O MD. AKBAR ALI R/O VILLAGE- LOHAGARA, WARD NO.-8, P.S. - KODHOBARI, DISTRICT- KISHANGANJ, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Shahnawaz Ali, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Sarvottam Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State as well as learned counsel for the informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodhobari P.S. Case No. 16 of 2022 registered for the offence under Section 376 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 09.04.2022.

The allegation against the petitioner is to establish

Patna High Court CR. MISC. No.39908 of 2022(3) dt.17-11-2022 2/3 physical relations/rape with the informant/victim on the false pretext of marriage.

Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of FIR, it appears that victim/informant was major at the time of occurrence and the physical relations was made out of consent of the informant/victim and for simple reason as marriage could not negotiated for certain reasons, the present false implication was made. Learned counsel for the petitioner in support of his submission relied upon the report of Hon'ble Supreme Court, which has been reported in the matter of Dr. Dhruvaram Murlidhar Sonar vs The State Of Maharashtra and Others, reported as 2019 AIR (SC) 327. It is further submitted that victim turns hostile before the learned trial court and as such keeping petitioner behind the bar for any further period, will not serve any purpose, of justice.

Learned APP duly assisted by learned counsel for the informant, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced to suggest that petitioner was not intended to act upon his promise of marriage coupled with the fact that victim turns hostile before learned trial court, let the

Patna High Court CR. MISC. No.39908 of 2022(3) dt.17-11-2022 3/3 petitioner, above named, is directed to be released on bail in connection with Khodhobari P.S. Case No. 16 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.-I, Kishanganj/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T