Abu Salim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61807 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MAHILA P.S. District- Araria ====================================================== Abu Salim S/o Md. Salahuddin R/o Village- Pachira, Ward No. 06, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Krishna Nishant,Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-09-2025 Heard Mr. Gopal Krishna Nishant, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned APP for the State.
2. The petitioner has prayed for bail in connection with Araria Mahila P.S. Case No. 31 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 69, 303(2), 3(5) of the B.N.S., 2023.
3. The case of the prosecution is that on 06.11.2024, the petitioner called the informant at Gidwas Bazar. It is further alleged that he established a physical relationship at a secluded place with the informant at knife point. It is further alleged that the informant told him that she will disclose the occurrence to her parents. He promised to marry her. It is also alleged that the petitioner established physical relationships with her many
Patna High Court CR. MISC. No.61807 of 2025(2) dt.08-09-2025 2/3 times. After fifteen days, when the informant was not having any contact with the petitioner, she went to the house of the petitioner, from where the petitioner fled away, and it is alleged that his family members assaulted her and also took her jewellery.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that in this case, the date of the occurrence is 06.11.2024, whereas the FIR was lodged on 01.07.2025. There is delay in filing the FIR of at least seven months, which is not explained. It has also been submitted that the informant is major and the relationship was consensual as she has not disclosed the occurrence to anyone. Even on 03.06.2025, when she went to the house of the petitioner then also the occurrence was not informed to anyone rather the case was filed on 01.07.2025. It has also been submitted that the petitioner is ready to marry her. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 02.07.2025.
5. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.61807 of 2025(2) dt.08-09-2025 3/3 for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Araria Mahila P.S. Case No. 31 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T