Md. Iftekhar @ Md. Iftekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47981 of 2023 Arising Out of PS. Case No.-113 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== Md. Iftekhar @ Md. Iftekhar Alam S/O Late Mumtaz Ansari @ Md. Mumtaz R/O Mohalla- Professor Colony Mohammadpur Sahganj Mahendru, P.SSultanganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections376, 420, 34 of the Indian Penal Code and Section 3⁄4 of the DP Act.

3. Allegation against the petitioner is that he established physical relationship with the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that love affairs had been going for 5 years between the informant and the petitioner and on 10.07.2020 Nikah was performed and the date of marriage was also fixed. He submits that during this period, petitioner's brother Meraj Alam died and in extraordinary circumstances, the petitioner solemnized this marriage with his widow (bhabhi) Juhi Praveen

Patna High Court CR. MISC. No.47981 of 2023(3) dt.12-10-2023 2/2 and after that the informant started to blackmailing and demanded huge amount of Rs. 10 lacs on the pretext of nonperforming the marriage and when it was refused by the family members of the petitioner, the informant lodged the case. He submits that there is compromise in between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned counsel for the informant also submits that there is compromise between the parties.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 113 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T