Md. Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75544 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Md. Sajid Son Of Md. Daud Vill- Rasoolpur, P.S- Hayaghat, Distt.- Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Imteyaj Rain @ Md. Imteyaj Son Of Late Md. Nvaji Rain @ Md. Nvaji Vill- Rasoolpur, P.S- Hayaghat, Distt.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02/informant.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 376, 504/34 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. As per the prosecution case, petitioner is alleged to have established physical relationship with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submits that as per the allegations, the petitioner and the victim girl were in a relationship because of which a child has also born to the

Patna High Court CR. MISC. No.75544 of 2024(3) dt.22-01-2025 2/2 victim. He further submits that on instruction from the father of the petitioner, the petitioner is ready to marry the victim girl.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the submission of the learned counsel for the petitioner, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on Interim Bail for a period of 15 days on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Darbhanga/concerned Court below in connection with Hayaghat P.S. Case No. 126 of 2024 subject to condition that:- (I). If after completion of 15 days, the victim files an affidavit stating therein that the victim and the petitioner have got married, the interim bail granted to the petitioner shall be confirmed by the Court below. In case, the petitioner fails to marry with the informant, the interim bail granted to the petitioner shall not be confirmed.

(Sandeep Kumar, J) Shishir/- U T