Faizan @ Ifaizan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48095 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- MAHILA P.S. District- Araria ====================================================== FAIZAN @ IFAIZAN SON OF IMRAN R/O-PECHAILI, WARD NO. 02, P.S.-PALASI, DISTT.-ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 376, 313, 504, 506, 509/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The allegation against the petitioner is of establishing physical relation with the informant on the false pretext of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that she fall in love with this petitioner thereafter, she stated that

Patna High Court CR. MISC. No.48095 of 2023(2) dt.08-08-2023 2/2 he committed rape upon her on false pretext of marriage. Victim is a matured lady. The main grievance of the victim was that she want to marry with the petitioner and on denial by the family members of the petitioner, she lodged the present case after inordinate delay of three months and now the petitioner solemnized marriage with the informant. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mahila P.S. Case No. 08 of 2023.

(Sunil Kumar Panwar, J) arish/- U T