Kari Sahanwaj @ Kari Shahanwaj @ Md. Sahnnwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65657 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Kari Sahanwaj @ Kari Shahanwaj @ Md. Sahnnwaj Son of Md. Nasim Village- Sanpataha Ps- Laukahi Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabana Begam D/o- Sahmad Sah Village- Ekhatha Ps- Kghutauna DistMadhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-11-2024 Heard learned counsel for the petitioner, State and the informant.

2. The petitioner is in judicial custody in connection with Khutauna P.S. Case No. 76 of 2024 for the offences punishable under Sections 376, 506 and 34 of the Indian Penal Code and Section 4 and 6 of POCSO Act, lodged on 30.05.2024 by the informant, Sabana Begum.

3.As per the prosecution story, the informant alleged that she used to study in Madarsa, Hidautullah Islam where the petitioner is a teacher, he wanted the petitioner to satisfy him for good marks and upon refusal, it is alleged that after pressurizing her, he raped her and later asked Hafiz Kalimullah to transfer her from this Madarsa to one another Madarsa. Meanwhile, her health deteriorated due to forceful illegal relationship with the

Patna High Court CR. MISC. No.65657 of 2024(3) dt.26-11-2024 2/2 petitioner, as she became seven months pregnant, had no option but to lodge FIR.

4. Learned counsel for the petitioner submits that the girl is major and as such, the relationship was consensual, the informant, on the other hand submits that at no point of time, the informant consented to the said physical relationship which as such shall be construed as rape. It is his further submission that the girl had made narration in 164 Cr.P.C statement in which she has detailed out how the petitioner physically assaulted her after putting cloth in her mouth.

5. Learned counsel for the informant also submitted that Hafiz Kalimullah who was associate of the petitioner, his bail application was rejected in Cr. Misc. No. 61336 of 2024.

6. This Court do not have any reason to take a separate view. The allegation is there against the petitioner, he being the teacher, exploited the girl, made her pregnant and left her in the lurch. In that background, no relief can be extended, the bail application stands rejected.

(Rajiv Roy, J) Vijay Singh/- U T