Md. Wadood @ Md. Adut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76989 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- AMAUR District- Purnia ====================================================== Md. Wadood @ Md. Adut Son Of Mohsin @ Mosim Village- Dalmalpur PsAmour Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 506, 34 of the Indian Penal Code. It is alleged against the petitioner that on pretext to marry, he established physical relationship with the informant and continued the same for several months, as a result of which, the informant became pregnant and when the informant and her other family members put pressure upon the petitioner's side, they were abused, threatened and assaulted by the

Patna High Court CR. MISC. No.76989 of 2023(2) dt.05-12-2023 2/3 petitioner's side.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R itself suggests that 8-9 months prior to lodging of the F.I.R, the occurrence took place which further suggests that F.I.R has been lodged afterthought. The petitioner and the informant are major, hence, the relationship, if any, might be a consensual one. The petitioner is languishing in custody since 01.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.76989 of 2023(2) dt.05-12-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Amour P.S. Case No. 329 of 2022.

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