Md. Rahman @ Rahman @ Abdul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60324 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KORHA District- Katihar ====================================================== Md. Rahman @ Rahman @ Abdul Rahman S/o Sabir @ Jhunni Miyan R/o Vill- Mirjapur, P.S.- Korha, Distt- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jainav Khatoo D/o Md. Salamat R/ Madhura, P.S.- Korha, Distt- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Mr. Yogendra Kumar, APP For the Informant :

Mr. Bijendra Prasad Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 64 of B.N.S and under Section 3⁄4 of POCSO Act.

3. The prosecution case, in brief, is that the victim had gone to attend a marriage ceremony, where she came in contact with the present petitioner. During this meeting, the petitioner obtained her mobile number and thereafter started communicating with her. On 31.03.2025, at about 11:00 AM, on the eve of Eid, it is alleged that the petitioner took the victim to village Pachma, committed rape upon her, and subsequently left her near Kheriya Hat, from where the victim took an auto-

Patna High Court CR. MISC. No.60324 of 2025(2) dt.09-09-2025 2/3 rickshaw and returned to her home.

4. Learned counsel for the petitioner, on the other hand, submits that both the petitioner and the victim were majors and that there was love affair between them. It is further submitted that the petitioner and the victim have solemnized their marriage on 08.07.2025 and are now living together as husband and wife. A photocopy of the Nikahnama has been brought on record as Annexure-2. Petitioner claims clean antecedent.

5. Mr. Bijendra Prasad Sinha, learned counsel for the informant does not dispute this statement made on behalf of the petitioner and submits that O.P. No. 2 has solemnized marriage with the petitioner.

6. Considering the fact that both the parties have solemnized marriage and are living together as husband and wife, clean antecedent of the petitioner and other circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in

Patna High Court CR. MISC. No.60324 of 2025(2) dt.09-09-2025 3/3 connection with Korha P.S. Case No. 90 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) aditya/- U T