Md. Ansar @ Md. Anjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46232 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Ansar @ Md. Anjar son of Md. Hussaini @ Hussaini Village- Banaul PsNanpur Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Informant :

Mr. Dwij Raj, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 32 of 2024 dated 18.01.2024 registered for the offences punishable u/ss 341, 323, 376, 506, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have established physical relationship with the informant on the pretext of marriage.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.46232 of 2024(2) dt.22-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is love affair between the petitioner and the victim. The victim is a major girl who knows the consequence of the act of the petitioner. Learned counsel has further submitted that the victim girl and the petitioner chose to have physical relationship of their own will. Learned counsel for the petitioner placed reliance on the judgment in the case of Mandar Deepak Pawar Vs. State of Maharashtra & Anr. (Criminal Appeal No. 442 of 2022) in which "a distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled". The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two

Patna High Court CR. MISC. No.46232 of 2024(2) dt.22-07-2024 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 32 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T