Aarif Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64326 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- MAHILA PS District- Aurangabad ====================================================== AARIF HUSSAIN Son of Ahmad Hussain R/o Mohalla - Tikri More, Ansar Bagh, P.S.- Aurangabad (Town), District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Mahila P.S. Case No.29 of 2021 registered for the offences punishable under Sections 376 and 420 of the Indian Penal Code.

As per the prosecution, the informant (victim) alleged that this petitioner established physical relation on false pretext of marriage since last three years.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been

Patna High Court CR. MISC. No.64326 of 2022(2) dt.27-02-2023 2/2 languishing in jail since 19.09.2022 having fair and clean antecedent and the allegation of rape made in the FIR is totally false, in actual there was some dispute relating to money transactions in between the petitioner and the informant and now a good relation has developed in between them and they have compromised this case and the informant who is a major girl has filed compromise petition before the Court below of which copy has been filed as Annexure-2.

Learned APP appearing for the State has opposed the bail prayer.

Having considered the aforesaid facts and mainly considering the petitioner's custody period and nature of allegation, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Mahila P.S. Case No.29 of 2021.

(Shailendra Singh, J) sangam/- U T