Md Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58724 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Md Sahil S/o Md. Rojit R/o Vill.- Dubaili, P.S. - Dagrua, Dist. - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samina D/o Md. Islam R/o Village - Mahmadiya, P.S - Dagarua, Dist.- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-08-2025 Heard Mr. Manish Kumar, learned counsel appearing on behalf of the petitioner and Mr.Gauri Shankar Gupta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Dagrua P.S. Case No. 192 of 2024 registered for the offence(s) punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner is said to have established physical relationship with the informant on the pretext of marriage.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.58724 of 2025(2) dt.22-08-2025 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that petitioner has solemnized marriage with the informant on 04.06.2025.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He submitted that the petitioner has increased the age of the informant upto 20 years in her Aadhar Card and thereafter he performed the court marriage but no document of any court marriage certificate has been brought on record by the petitioner.

6. Considering the nature of allegation made against the petitioner in the FIR, I am not inclined to grant pre-arrest bail to the petitioner.

7. However, if the petitioner surrenders before the learned District Court along with the victim/informant then in that case, the learned District Court may consider the wishes of the victim/informant and see that whether she willingly wants to live along with the petitioner. In case, the learned District Court finds that the victim/informant wants to live with the petitioner then in that the case, the petitioner is directed to be released on pre-arrest bail in connection with Dagrua P.S. Case No.192 of 2024 on such terms and conditions as the District Court deems

Patna High Court CR. MISC. No.58724 of 2025(2) dt.22-08-2025 3/3 it fit and proper.

8. The bail application is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U T