Md. Quiyum @ Kaiyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.675 of 2024 Arising Out of PS. Case No.-236 Year-2021 Thana- AMAUR District- Purnia ====================================================== Md. Quiyum @ Kaiyum Son Of Daud Resident Of Purav Tola Bara Eidgaha, P.S. - Amour, District - Purnea ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chandani Daughter Of Azeem Resident Of Ghat Tola, P.S. - Amour, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 354(B), 376, 511 of the Indian Penal Code, section 3/4 of the DP Act and Sections 4 & 8 of the POCSO Act.

3. As per prosecution case, the informant alleged that the she knew the petitioner for two years who outraged her modesty several times by alluring her to solemnize marriage. It is also alleged that the petitioner demanded three lakhs from the informant's father for getting marriage but denied after not fulfillment of his demand. Thereafter, the present case has been

Patna High Court CR. MISC. No.675 of 2024(2) dt.16-01-2024 2/3 lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The FIR was insituted by the informant after unexplained delay of 83 days from the date of occurrence. From perusal of Annexure-2, the statement of the victim/informant u/s 164 of the Cr.P.C. has been recorded in which she stated that no physical misbehave or assault has been committed by the petitioner. She only stated that the petitioner promised for getting marriage and demanded three lakh Rupees but thereafter he denied. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 11.9.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amour P.S. Case No. 236 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th

Patna High Court CR. MISC. No.675 of 2024(2) dt.16-01-2024 3/3 Additional Sessions Judge-Cum-Special (POCSO Act), Judge, Purnea.

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