Md. Munna @ Mudassir @ Modasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45140 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- GHURNA District- Araria ====================================================== Md. Munna @ Mudassir @ Modasir S/o Mohammed Boki Resident of village- Pathraha, Ward no 18, P.S.- Ghurna, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mobina Khatun D/o Late Masrudin R/o Vill- Pathraha, Ward No. 17, P.S.- Ghurna, Distt- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ramesh Kumar Singh, Advocate For the State :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 64, 352, 351(2-4) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that on the false pretext of marriage, this petitioner established physical relations with the informant and later on, refused to marry her on account of non-fulfillment of demand of dowry.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Informant is a major and she was in a

Patna High Court CR. MISC. No.45140 of 2025(2) dt.06-08-2025 2/3 relationship with this petitioner for the past two years. The relationship was consensual between two consenting adults and both of them enjoyed each others company for two long years. It was only when they were caught red handed by the mother of informant, this false and concocted F.I.R. has has been lodged. It is further submitted that only because the relationship could not continue and failed, the same does not amount to rape. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Ghurna P.S. Case No. 45 of 2024, subject to condition as laid down under Section 482(2) of the

Patna High Court CR. MISC. No.45140 of 2025(2) dt.06-08-2025 3/3 B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T