Md. Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79047 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA P.S. District- Purnia ====================================================== MD. SAJJAD Son of Md. Yusuf Resident of Village - Santnagar, Police Station - K. Nagar (Champanagar), District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 504, 506 and 36 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner on false pretext of marriage established physical relation with the victim. Thereafter too, he used to do the same due to which the victim sustained pregnancy and when the petitioner came to know about the pregnancy of the

Patna High Court CR. MISC. No.79047 of 2023(3) dt.18-01-2024 2/3 victim, he and his family members started putting pressure to terminate the pregnancy.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. There is inordinate delay of approximately four months in lodging the FIR, without given any cogent reason. As per Annexure-2, it appears that both parties belongs to the same sect, and there is consensual relation between the parties. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.09.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 21 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.79047 of 2023(3) dt.18-01-2024 3/3 learned Ist Additional Sessions Judge, Purnea. (Sunil Kumar Panwar, J) manishkumar/- U T