Tazuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48230 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Tazuddin, Son Of Ulfat, Resident Of Village Pora Ramdeli P.S. Jalalgarh District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Nath Tiwari, Sr. Advocate Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. A. K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Jalalgarh P.S. Case No. 197 of 2022 dated 10.11.2022 registered for the offence(s) punishable under Section(s) 376, 313, 506/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the main allegation of establishing sexual relationship with the informant on pretext to marry her is against co-accused, who happens to be son of this petitioner and prior to institution of the FIR of the instant matter the informant filed a Complaint Case (Complaint Case No. 1916 of 2022) against this petitioner and others in which she accepted her matrimonial relationship with son of this petitioner while in the FIR of the present matter she made a contradictory statement regarding the said relation and the allegation of

Patna High Court CR. MISC. No.48230 of 2023(2) dt.03-08-2023 2/2 causing miscarriage of the informant by this petitioner and other co-accused is general and omnibus. Further submissions are that the petitioner has been languishing in jail since 19.03.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner as well as the completion of investigation against him and also the fact that the main allegation of establishing sexual relationship with the informant is against the son of this petitioner, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Jalalgarh P.S. Case No. 197 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T