Md. Firoz @ Md. Firoj Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Md. Firoz @ Md. Firoj Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail allowed: petitioner to be released on bail upon arrest or surrender before the learned Judicial Magistrate, 1st Class, Purnea within four weeks, on bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, with the further condition that one bailor shall be the petitioner's own/close family member.

Issue for consideration

Whether anticipatory bail may be granted to the petitioner, who apprehends arrest in connection with Dagarua P.S. Case No. 193 of 2023 registered for offences under Sections 341, 323, 376, 504 and 506/34 IPC, notwithstanding the prosecution allegation that he exploited the victim-informant on the pretext of marriage. +1 more

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea, subject to the conditions under Section 438(2) CrPC, with the further condition that one bailor shall be the petitioner's own/close family member.

Ratio / Principle

Grant of anticipatory bail is premised on this Court's assessment that the relationship was consensual and led to marriage between the petitioner and the victim-informant, coupled with the victim's statement under Section 164 CrPC accepting that the marriage has already been solemnized.

Detailed headnote1 paragraphs

Anticipatory bail granted (Harish Kumar, J; Patna HC, CRIMINAL MISCELLANEOUS No.81720 of 2023, oral order dt. 10-01-2024) to a petitioner apprehending arrest in Dagarua P.S. Case No. 193 of 2023 (Distt. Purnia), registered under Sections 341, 323, 376, 504 and 506/34 IPC. Prosecution case (written report): petitioner induced the victim-informant on the pretext of marriage and sexually exploited her for about two years; on her insistence for marriage he refused, abused and assaulted her. Petitioner contended the FIR was lodged only to pressurise him into marriage; that nikah took place after institution of the FIR; produced the informant's Aadhaar Card recording her date of birth as 01.01.2004 (majority); and relied on the victim's Section 164 CrPC statement (discussed in the impugned order) categorically stating that the marriage was already solemnized, she resided with the petitioner, and the FIR was instituted to pressurise solemnization. Finding a consensual relationship leading to marriage, coupled with the Section 164 CrPC statement, the Court directed release on bail in the event of arrest or surrender within four weeks, on bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea, subject to Section 438(2) CrPC conditions, with the further condition that one bailor be the petitioner's own/close family member. No precedent engaged; learned APP opposed the application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81720 of 2023

Arising Out of PS. Case No.-193 Year-2023 Thana- DAGARUA District- Purnia

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

Md. Firoz @ Md. Firoj Son of Md. Sayyad R/o Belgachhi, Dohripar Tola, P.S. - Dagarua, Distt. - Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Md Fazle Karim, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 10-01-2024

Heard Mr. Md Fazle Karim, learned counsel

appearing on behalf of the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Dagarua P.S. Case No. 193 of 2023, registered for the offence punishable under Sections 341, 323, 376, 504 and 506/34 of the Indian Penal Code.

The prosecution case is based on the written report of the informant, alleging therein, that the petitioner on the pretext of marriage induced the victim-informant and exploited her by entering into sexual relationship for the last two years. When the victim insisted for marriage, the petitioner refused to solemnize the marriage and also abused and assaulted, resulting into institution of the present case.

Patna High Court CR. MISC. No.81720 of 2023(2) dt.10-01-2024 2/3

It is submitted on behalf of the petitioner that in fact the present FIR has been instituted only in order to put undue pressure upon the petitioner for the purposes of marriage and this is the fact that after the institution of the FIR, the marriage (nikah) took place between the informant and the petitioner. He further brought on record the Aadhar Card of the informant, where her date of birth is mentioned as 01.01.2004 and, on the basis thereof, he submits that the victim girl is major. He next drew the attention of this Court to the impugned order, wherein, the learned Court has discussed the statement of victim recorded under Section 164 of the Cr.P.C., wherein, she has categorically stated that her marriage has already been solemnized with the petitioner and now, she has been residing with him. She further stated that the present FIR has been instituted in order to put pressure upon the petitioner to solemnize marriage. He lastly submits that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.

On the other hand, learned APP for the State vehemently opposes the pre-arrest bail application of the petitioner.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.81720 of 2023(2) dt.10-01-2024 3/3

behalf of the parties and considering the fact that there was a consensual relationship, leading to marriage between the petitioner and the victim-informant, coupled with the statement of the victim recorded under Section 164 Cr.P.C., wherein, she accepted the fact that the marriage has already been solemnized, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Purnea in connection with Dagarua P.S. Case No. 193 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

shivank/-

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