Md Nur Alam @ Nur Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49490 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Md Nur Alam @ Nur Alam Son of Md. Badre Alam Resident of Village - Budhanagra, P.S.- Nanpur, Distt.- Sitramarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Nanpur P.S. Case No. 235 of 2020, registered for the offence punishable under Section 376 and other allied sections of the Indian Penal Code. As per the prosecution case, on the assurance of marriage this petitioner established physical relation with the victim (informant) for about four years, but never married. Later on, she came to know that this petitioner has already married with somebody else.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. FIR has been lodged after delay of six days. In fact, petitioner is working in Gulf country and the informant is member of sister's Sasural
Patna High Court CR. MISC. No.49490 of 2021(3) dt.13-01-2022 2/2 and taking advantage of this fact, this false case has been lodged. No case under Section 354, 376 IPC is made out. Petitioner is in custody since 13.08.2020 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that on false assurance of marriage petitioner established physical relation with informant. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T