Md. Altamash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45952 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- ALIPUR District- Gaya ====================================================== MD. ALTAMASH Son of Late Zaffarullah Resident of Village-Birnama, P.S.- Anti, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin Ms. Puja,Adv Ms. Manisha Prakash, Adv For the Opposite Party/s Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. This application is filed for grant of regular bail in connection with Alipur P.S. Case No. 03/2023 registered under section 376, 354, 354©, (D), 509, 469, 506 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that petitioner is said to have established sexual relations with the victim without her concent and tried to blackmail her. The petitioner is in custody since 17.02.2023.

5. From the statement of the girl under section 164

Patna High Court CR. MISC. No.45952 of 2023(2) dt.04-08-2023 2/2 Cr.P.C., it appears that the relation between the petitioner and the girl was consensual and the alleged victim is major.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the period of custody, this application for regular bail is allowed.

8. Let the petitioner, above named, be released 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 Judicial Magistrate, 1st Class at Gaya in connection with Alipur P.S. Case No. 03/2023.

(Sandeep Kumar, J) Sunnykr/- U T