Hamid Aarzoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60094 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Hamid Aarzoo S/o Late Rashid Hussain R/o vill - Koshkipur, ward no. 4, P.S. - Araria, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP For the Informant :

Mr. Md. Naushad Uzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner, Mr. Md. Naushad Uzzoha learned counsel for the informant and Mr. Md. Ataur Rahman, learned APP for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 34 of 2024 registered for the offence punishable under Sections 376, 328 and 506 of the IPC.

3. As per the prosecution case, the petitioner is accused of blackmailing the victim and committing rape with her.

4. It has been submitted by Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner that it is a case of consensual sex as the victim is 18 years old girl.

5. From the statement of the victim girl in the FIR as

Patna High Court CR. MISC. No.60094 of 2024(3) dt.20-11-2024 2/2 well as the statement recorded under Section 164 Cr.P.C., it appears that it is a case of rape. This application is rejected for the present.

6. The Court below is directed to expedite the trial.

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) saurabhkr/- U T