Naushad Alam @ Naushad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80099 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Naushad Alam @ Naushad Ali Son of Mahfuz Alam @ Md. Mahfuz Ansari Resident of Village - Bhainsadohar,P.S. - Chhakkarbandha, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 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 section 69 of the BNS.

3. The case of the prosecution is that the petitioner had physical relations with the informant for three years on the false pretext of marriage. It is further alleged that on 15.05.2025, she was called to Gaya Ji from Gujarat. It is further alleged that he took the informant to a hotel and there also physical relations were established.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR itself, it is clear that the last alleged act

Patna High Court CR. MISC. No.80099 of 2025(2) dt.03-12-2025 2/2 took place on 15.05.2025 whereas the FIR was lodged on 05.06.2025. The informant has alleged that they were in a relationship and had physical relations for the last three years on the pretext of marriage, yet she did not make any complaint during the entire period. Submission of the learned counsel for the petitioner is that the FIR itself shows that the relationship between the parties was consensual and that there is an inordinate delay in filing the case. Moreover, the petitioner is languishing in judicial custody since 05.06.2025 having no criminal antecedent.

5. Learned APP appearing for the Informant has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Imamganj P.S. Case No. 169 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya. (Ashok Kumar Pandey, J) Jagdish/- U T