Toufique Raja @ Toufique Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79292 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- MAHILA P.S. District- Kishanganj ====================================================== Toufique Raja @ Toufique Reza Son of Muslim Resident of VillageGachhpara, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P.

For the Informant :

Mr. Radha Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 64(1), 352, 351(2), 61(2) of the Bharatiya Nyaya Sanhita.

3. Allegation against petitioner is that on false promise of marriage, this petitioner repeatedly established physical relation with the informant and later on denied to marry her.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that both parties were major when the friendship developed between them and

Patna High Court CR. MISC. No.79292 of 2024(3) dt.22-01-2025 2/3 they were known to each other since childhood as they are Mamera-Fufera brother and sister. They indulged in sexual act and enjoyed each other's company for years together as such, the same cannot be said to be induced or involuntary. Victim was fully aware of the consequences of the relationship and when the relationship did not work out, this false and concocted case has been lodged against petitioner. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering prolonged and continuous relationship between the parties and both were major, anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of District and Additional Sessions Judge-I-cum-Special Judge, Kishanganj in connection with Kishanganj Mahila P. S. Case No. 43 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha

Patna High Court CR. MISC. No.79292 of 2024(3) dt.22-01-2025 3/3 Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T