ALI HASAN @ KAILA v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr.Deepak Kumar, Advocate Mr.Nirmal Kumar Sinha, APP ORAL ORDER 2 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State. Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 323, 448, 376 of the Indian Penal Code. Prosecution case, in short, is that on the pretext of marriage the petitioner committed rape upon the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On the pretext of marriage the petitioner is said to have established physical relationship with the informant. Learned counsel for the petitioner Patna High Court CR. MISC. No.17483 of 2022(2) dt.17-05-2022 submits that the said relationship was a consensual relationship between the parties. Later on, for one reason or the other, marriage could not be solemnized. Learned counsel for the petitioner has placed reliance on cases of the Hon’ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharashtra & Ors) and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of Maharashtra and Ors.). On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Nawada in connection with Sirdalla P.S. case No.250/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- U T (Sudhir Singh, J)