Dismissed¶23

Firoj Alam v. The State of Bihar

Patna HC11 Nov 2024CR. MISC./26238/2024

Case brief

AI extract

What is this about?

Bail application rejected; Firoj Alam v. The State of Bihar & Muskan Praween; CR. MISC./Criminal Miscellaneous No.26238 of 2024; Bettiah Town P.S. Case No. 717 of 2023; FIR dt. 22.09.2023; Sections 376, 420, 406, 341, 323, 504 IPC; informant/victim Muskan Praveen (Praween); statement under section 164 Cr.P.C.; allegations of physical relationship, avoided marriage, forced Orchestra work with earnings kept, assault, Panchayati, abortion; petitioner to face trial; no case of bail made out; judicial custody; Justice Rajiv Roy; decided 11-11-2024; Patna High Court; West Champaran.

What did the court decide?

Considering the submissions put forward by the parties and the facts that have come on record, it would be appropriate that the petitioner faces the trial. ¶21

Firoj Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26238 of 2024

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Arising Out of PS. Case No.-717 Year-2023 Thana- BETTIAH CITY District- West Champaran

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======================================================

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Firoj Alam S/o- Khairati Ansari R/o- Village- Inarwa, PS- Inarwa- DistrictWest Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Muskan Praween W/o- Md. Akbar R/o- Dwardevi Chowk, Budhiya Masjid, Ward No 15, PS- Bettiah Town, Distt- West Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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6 11-11-2024

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Heard Mr. Bimlesh Kumar Pandey, learned counsel

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for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

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The petitioner is in judicial custody in connection

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with Bettiah Town P.S. Case No. 717 of 2023 for the offence punishable under Sections 376, 420, 406, 341, 323, 504 of the Indian Penal Code lodged on 22.09.2023 by the informant, Muskan Praveen.

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As per the prosecution story, the informant claimed that she was working in a cosmetics store at Bettiah where the petitioner developed friendship and started establishing physical relationship but avoided marriage. She was also forced to work in the Orchestra but the money was being

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Patna High Court CR. MISC. No.26238 of 2024(6) dt.11-11-2024 2/3

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kept by the petitioner. The allegation of assault, Panchayati and abortion is/are also there against the petitioner. This led to the FIR.

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Learned counsel for the petitioner submits that the informant is a major, knows about the relationship, it was consented, so far as the Orchestra part is concerned, that is a separate issue but the petitioner has been dragged in the said case also. She was engaged in immoral trafficking for which a separate case is also there and upon knowledge, the petitioner went on the back foot which resulted into the FIR.

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Learned APP on the other hand submits that perusal of the FIR and the other statement of the victim girl under section 164 of the Cr. P.C. would clearly show the implication of the petitioner inasmuch as multiple allegations is/are there which include not only the establishment of physical relationship, forced her to abort the child, forcing her to do the Orchestra keeping the money and further assaulting in a room and only after she took the help of the administration was able to come out.

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Considering the aforesaid submission put forward by the parties as also the fact that has come on the record, it would be appropriate that the petitioner faces the trial, for the

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Patna High Court CR. MISC. No.26238 of 2024(6) dt.11-11-2024 3/3

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present, no case of bail is made out, accordingly, the bail application stands rejected.

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(Rajiv Roy, J)

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Ravi/-

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U T

Firoj Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Firoj Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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