Md. Azmuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57306 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- DEWARIA District- Muzaffarpur ====================================================== Md. Azmuddin Son Of Md. Asharaf Ali R/V- Deoria, P.S- Deoria, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udit Narayan Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Deoria P.S. Case No. 117 of 2021 registered under Sections 341, 323, 376 and 34 of the Indian Penal Code.

Allegation against the petitioner that he was having sexual relations with the informant on the pretext of solemnization of marriage with her.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. It is submitted that the father of the informant wanted to settle her marriage with the petitioner to which the petitioner opposed and after denial by the petitioner for marriage, he has falsely been

Patna High Court CR. MISC. No.57306 of 2022(3) dt.02-02-2023 2/2 implicated in this present case. It is next submitted that the statement of victim recorded under Section 164 of Cr.P.C. in which she stated that petitioner established physical relation with her on the pretext of marriage which is not correct as the victim is matured mind aged about 26 years of old. Petitioner has not stated to the victim that he will solemnized marriage with her. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 17.07.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Deoria P.S. Case No. 117 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur West. (Sunil Kumar Panwar, J) shubham/- U T