Patna High CourtCR. MISC./66612/2024bail granted

Zishan Reza v. The State Of Bihar

2024-12-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66612 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Zishan Reza Son of Md. Zamir @ Md. Jamirul Hasan Resident of Village - Sakri, P.S.- Katra, District - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 29 of 2024 dated 20.04.2024 registered for the offences punishable u/ss 493, 376, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant met with the petitioner in 2017 and they started to talk on mobile and facebook and they fell in love with each other. Thereafter, they got married secretly and the petitioner asked her not to tell her family about the marriage and established physical relationship with her and made obscene photo and video of the

Patna High Court CR. MISC. No.66612 of 2024(3) dt.16-12-2024 2/3 informant. When the informant apprehended that the petitioner was cheating then she talked for getting married in front of the society then the petitioner threatened to ruin the victim's character by making obscene video and photo viral and then he started sexual exploitation and forcefully raped in Sai Hotel at Muzaffarpur on 01.01.2024.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. The occurrence took place on 11.01.2024 but the F.I.R. was lodged on 20.04.2024 and there is no explanation for this delay. The charge-sheet has been submitted against the petitioner. As per the medical report of the victim, there is no any injury mark was present on the body of the victim. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.66612 of 2024(3) dt.16-12-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Mahila P.S. Case No. 29 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T