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Patna High CourtCR. MISC./61157/2025bail granted

Rijwan Alam @ Pintu v. The State Of Bihar

2025-09-10Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61157 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Rijwan Alam @ Pintu S/o Mehandi Alam @ Mehandi Hasan R/o VillageBathua Bali, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Manjhagarh P.S. Case No. 174 of 2025 registered for the alleged offences under Sections 64 & 69 of B.N.S.

3. As per prosecution case, giving allurement of marriage, the petitioner established physical relationship with the informant and continued the same for five years and thereafter, refused to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is not believable that the petitioner used to make

Patna High Court CR. MISC. No.61157 of 2025(2) dt.10-09-2025 2/3 physical relationship with the informant and she never made any complaint prior to lodging of the FIR. There is nothing on record to show that the informant ever became pregnant or was treated anywhere. From the FIR it is apparent that there was consensual relationship between the parties and hence, no offence under Section 64 BNS is made out. Learned counsel further submits that the petitioner is in custody since 10.06.2025 and charge sheet has been submitted. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet against the petitioner and period of custody, the petitioner above named is directed to 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 Chief Judicial Magistrate, Gopalganj/concerned Court in connection with Manjhagarh P.S. Case No. 174 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative

Patna High Court CR. MISC. No.61157 of 2025(2) dt.10-09-2025 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T