Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72121 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== Rustam Son Of Eijub Resident Of Village - Jhirua Ward No.10, P.S. - Simraha, District - Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 376, 341, 323, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per allegation in the FIR, victim girl/informant, aged about 17 years, went to a field for cutting the grass, in the meantime, petitioner caught her and on knife point committed rape. Thereafter, on the pretext of marriage, he used to establish physical relationship with her on regular basis resulting into her pregnancy. A panchayati was also held to settle the dispute where accused persons including the petitioner abused and assaulted the informant and her mother.

Patna High Court CR. MISC. No.72121 of 2023(3) dt.31-01-2024 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Informant is major and she got married with another person. Allegedly, petitioner was in physical relationship with the victim for last two years but she had never raised voice against him, which shows that there was consensual relationship between the parties. Petitioner has got no criminal antecedent and languishing in judicial custody since 11.4.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-Special Judge (POCSO) Araria in connection with Mahila PS Case No. 21 of 2022.

(Sunil Kumar Panwar, J) sushma/- U