Md. Faiyaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2918 of 2022 Arising Out of PS. Case No.-498 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. FAIYAZ KHAN S/O IIYAS KHAN R/o village- Paithanpura, Shamshanghat Road, Ward No. 01, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP For the Informant :

Mr. Kamlesh Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner, learned APP for the State and leaned counsel for the informant. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code. The prosecution allegation, in short, is that the accused person established physical relation with the informant on the pretext of the marriage and later denied. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.2918 of 2022(2) dt.16-05-2022 2/3 petitioner. The petitioner has falsely been implicated in the present case. As per allegation, the petitioner is said to have established physical relationship on the assurance of marriage. Subsequently, for one reason or the other, marriage could not be solemnized and for the said reason, the present case has been instituted. Learned counsel for the petitioner submits that the said relationship was a consensual relationship between the parties. He has placed reliance on cases of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors) and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of Maharashtra and Ors.)

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with kahalgaon P.S. Case No.

Patna High Court CR. MISC. No.2918 of 2022(2) dt.16-05-2022 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T