Md. Firoz @ Md. Firoz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80583 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- MAHILA P.S. District- Purnia ====================================================== MD. FIROZ @ MD. FIROZ ALAM, aged 30 yrs. (M), Son of Md. Najir Resident of village - Ramjani, P.S.- Banmankhi, Dist.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Ramesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 30 of 2023 dated 25.07.2023 registered for the offence(s) punishable under Sections 376/506 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner established physical relationship with the informant on the pretext of marriage but later on he refused to perform marriage with her.
4. Learned counsel appearing on behalf of the petitioner submitted that parties were in relationship with consent and they had also established physical relationship
Patna High Court CR. MISC. No.80583 of 2023(2) dt.10-01-2024 2/3 during the said period which lasted for more than one year and thereafter, the present FIR has been lodged after the petitioner performed marriage with some other lady. It is further submitted that petitioner has clean antecedent.
5. This Court also realize on observation made by the Hon'ble Apex Court in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr. reported in (2009) 9 SCC 608, wherein the Hon'ble Supreme Court has observed that "in the factual scenario where complainant was aware that there existed obstacles in marrying the accused and still continued to engage in sexual relations. The Apex Court quashed the FIR.
6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that petitioner has committed crime with the informant by playing with her emotion and established physical relationship on the pretext of marriage.
7. Having considered the rival submissions made on behalf of the parties, as well as, the allegation made in the FIR, the petitioner, above named, is directed to be released on prearrest bail in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.80583 of 2023(2) dt.10-01-2024 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with Mahila P.S. Case No. 30 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, with a condition that the petitioner may consider to support the informant financially. (Purnendu Singh, J) Sanjay/- U T