Md. Ashique @ Md. Ashique Reja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76583 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Md. Ashique @ Md. Ashique Reja Master Jafar Sadique @ Md. Jafar Resident Of Vill- Kadamgachhi , P.S.-BARSOI, District Katihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shilpi Keshri For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he forcefully made sexual relation with the informant. When she narrated the incident to family members of the petitioner, they started abusing her and threw her out from their house.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.76583 of 2023(2) dt.11-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is inordinate delay of about 45 days in lodging the F.I.R. It is further submitted that victim is a wedded lady and her husband resides at Saudi Arabia for his livelihood. She has contact with the petitioner since last one year. It appears from perusal of prosecution case that victim had consensual relation with the petitioner. Moreover, the petitioner is languishing in judicial custody since 14.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Balia Belon P.S. Case No. 160 of

Patna High Court CR. MISC. No.76583 of 2023(2) dt.11-12-2023 3/3 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge I-cum-Special Judge SC/ST, Katihar.

(Sunil Kumar Panwar, J) Nirajkrs/- U T