Md. Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61895 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Md. Rashid Son of Md. Gaffar Resident of village - Daharpur, Police Station - Goradih, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and Mr. Yogendra Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 69, 351(2), 352 and 3(5) of the BNS.

3. The case of the prosecution is that the informant who is a major girl has alleged that in the year 2022 the petitioner has established physical relationship with her at her house on the false promise of marriage. It is further alleged that the petitioner is not ready to marry the informant.

4. Learned counsel for the petitioner has submitted that as per the FIR, the allegation of establishing physical relationship is of the year 2022 whereas the FIR has been filed on 26.07.2024. It has also been submitted that this FIR has only been filed to pressurize the petitioner for marrying the

Patna High Court CR. MISC. No.61895 of 2025(2) dt.09-09-2025 2/2 informant. The petitioner is a man of clean antecedent and is in judicial custody since 30.11.2024.

5. Learned APP for the State has vehemently opposed the application for bail.

6. From perusal of the FIR it is clear that the only dispute is regarding performing of marriage with the informant. As far as the physical relationship is concerned, though it is alleged that the physical relationship was forceful but the conduct of the victim by filing this case in the year 2024 shows that it was not forceful.

7. 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 released on bail in connection with Bhagalpur Mahila P.S. Case No. 58 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-9, Bhagalpur.

(Ashok Kumar Pandey, J) durgesh/- U T