Md. Fazlur Rahman @ Fazlur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26 of 2025 Arising Out of PS. Case No.-117 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== Md. Fazlur Rahman @ Fazlur Rahman, S/o Md Umar, Resident of village - Ankholi, Police Station -Katra (O.P. Jajnaar), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh, Advocate For the State :

Mr.Surendra Kumar, APP For the Informant :

Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. In the present case, the petitioner seeks bail in connection with Katra P.S. Case No. 117 of 2024, registered for the alleged offences under Sections 64/303(2)/351(2)/351(4) of BNS.

3. As per prosecution case, the petitioner, giving inducement of marriage, established physical relationship with the informant and later on refused to marry her. Thereafter, the informant was married to some other person, but due to the schemes of the petitioner, relationship came to an end. Thereafter, again giving inducement of marriage to the informant, the petitioner started her sexual exploitation and

Patna High Court CR. MISC. No.26 of 2025(2) dt.12-02-2025 2/3 finally refused to marry her. The family members of the petitioner also threatened the informant and her family members.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. From the FIR, it is apparent that the informant is a married lady and is major and out of swell will, she continued her sexual relationship with the petitioner for quite long time. For last five years, the informant did not make any complaint though she was having sexual relationship with the petitioner for all these period. The petitioner is in custody since 29.08.2024 and charge sheet has been submitted. The petitioner is having criminal antecedent of one case in which he is on bail.

5. Learned APP as well as learned counsel for the informant vehemently oppose the submission made on behalf the petitioner. The learned counsel for the informant submits that there is specific allegation against the petitioner that after giving inducement of marriage, he established physical relationship with the informant and later on refused to marry her.

6. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.26 of 2025(2) dt.12-02-2025 3/3 submission made on behalf of the parties and considering the conduct of the informant coupled with her age and her marital status and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail 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, Muzaffarpur/court concerned, in connection with Katra P.S. Case No. 117 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T