Tabrez Khan @ Tabrej Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54380 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== TABREZ KHAN @ TABREJ KHAN Son of Shamshad Khan Resident of Village-Bedwaliya (Gajiapur), Police Station-Andar, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The prosecution case in short is that on the pretext of assurance of marriage, the accused persons established physical relation with the complainant/informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. On the pretext of marriage, physical relationship is said to have been established. Later on, the petitioner is said to have refused from marrying with the victim. The medical examination report does not

Patna High Court CR. MISC. No.54380 of 2019(2) dt.30-08-2019 2/2 support the allegation. There is vast contradiction between the statement of the victim recorded under Section 164 Cr.P.C. and the statement made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Mahila P.S. Case No. 27 of 2019.

(Sudhir Singh, J) Pankaj/- U T