Hasibur Rahman @ Hasirbur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49315 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Hasibur Rahman @ Hasirbur Rahman Son of Md. Azim Resident of VillTelpur, P.S.- Lauriya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354-B, 376, 379, 420/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he established sexual relation with informant on pretext of marriage for five years and assaulted informant by means of fists and slaps and finally refused to marry with her.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. As a matter of fact, informant has been laying pressure upon the petitioner to marry her else she would commit suicide and in this regard petitioner had reported to Nanjangud Town police station, Mysore, Karnataka on 17.03.2024. Informant is major and from

Patna High Court CR. MISC. No.49315 of 2024(2) dt.08-08-2024 2/2 perusal of the F.I.R. it is apparent that both petitioner and informant enjoyed each other's company for five years and indulged in sexual act being fully aware of the consequences of the relationship, as such, the same cannot be said to be induced or involuntary. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-1, Bettiah, West Champaran in connection with Lauriya P. S. Case No. 100 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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