Aarif Quaraisi @ Arif Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45657 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Aarif Quaraisi @ Arif Kuraishi S/o- Amrulla Quraisi @ Amrullah Kuraisi Village- Belaudi PS-Mohania District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 39 of 2024 instituted for the offence under Section 376 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner established physical relationship with the informant on the false promise of marriage. It is further alleged that due to this relationship, the informant got pregnant. The petitioner kept promising her that he will marry her. After 5-6 months, when the parents of the informant approached the petitioner for solemnizing marriage, he denied straightforward.

4. Learned counsel for the petitioner has submitted that in this case parties have compromised the case and in support of his submission he has filed an Annexure-P/2 which

Patna High Court CR. MISC. No.45657 of 2025(2) dt.04-08-2025 2/2 is a compromise petition filed by the parties in the trial Court. It is also submitted that in the case diary, it has come that the informant is living with the petitioner and on perusal of the order of the trial Court, it is also clear that there is consensual physical relationship between the victim and the petitioner.

5. Learned APP appearing for the State vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 39 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Mohania, Kaimur at Bhabua, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.

(Ashok Kumar Pandey, J) Jagdish/- U T