Babar Alam @ Babar Hussain vs The State Of Bihar on 22 April, 2025

Patna High Court – Orders

Babar Alam @ Babar Hussain vs The State Of Bihar on 22 April, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85471 of 2024
                      Arising Out of PS. Case No.-75 Year-2024 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Babar Alam @ Babar Hussain Son of Nabi Rasul @ Nabi Rasul Alam
                 Resident Of Village - Itawa, PS- Mirganj, Distt.- Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Farjana Khatoon D/O- Mohammad Halim @ Halim Resident of Village-
                 Chauki Hasan, P.S.- G.B. Nagar (Tarwara), Distt.- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 For the Informant        :       Mr. Rakesh Kr. Shrivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   22-04-2025

1. Heard learned counsel for the petitioner, learned

APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for

grant of anticipatory bail apprehending his arrest in connection

with Siwan Mahila P.S. Case no.75 of 2024 registered under

Section 376 of the Indian Penal Code and Sections 4 and 6 of

the POCSO Act.

3. As per the prosecution case, the informant states

that she was in a love relationship with the petitioner, who on

the false pretext of marriage even established physical relations

with her and also made her video. She further states that on

08.11.2021, the petitioner called her at Siwan Station and took
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away her to Delhi for solemnizing marriage. When they reached

Delhi, the petitioner forcibly established physical relation and

made the video and also gave threat to make the video viral. On

24.11.2022, he brought her to Gopalganj again stating that she

was brought for the purpose of marriage but the accused left her

at Bus Stand. On 09.06.2024, when the family of the informant

approached the family of the petitioner, the petitioner denied to

solemnize marriage with her.

4. Learned counsel for the petitioner submits that the

petitioner has been falsely implicated in the case. A perusal of

the F.I.R would itself go to show that there was a love

relationship between the petitioner and the informant. The

informant is an adult capable of taking her own decisions. It has

further been argued that even as per the F.I.R, the cause of

action had arisen in the year 2022 and as a matter of fact a

complaint case had been filed by the present informant in the

year 2023 being Complaint Case No. 1571 of 2023 on

14.08.2023 in which cognizance was taken against the petitioner

only under Sections 341, 323, 376, 379, 504, 506, 120B, 266

and 34 of the Indian Penal Code which is also a subject matter

of challenge. Learned counsel for the petitioner further submits

that after a substantial lapse of time, the present F.I.R has been
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lodged in the year 2024 for the purpose of harassing the

petitioner. The petitioner undertakes to cooperate in the

case/trial.

5. The application for anticipatory bail is opposed by

learned A.P.P. for the State and learned counsel for the

informant on the ground that the informant has supported the

prosecution case in her statement recorded under Section 164

Cr.P.C in which she has stated that the petitioner used to come in

her neighborhood and they were in a love relationship and used

to talk to each other over mobile phone. She has further stated

that from the year 2019-2021, physical relationship was also

established between them and she was also taken to Delhi on the

pretext of marriage. However, they came back on the ground

that the family of the petitioner was calling them back as they

would have the marriage done but the same did not happen.

6. I have heard the rival submissions of learned

counsel for the parties and also perused the records available on

record.

7. It would appear from the statement of the victim

recorded under Section 164 Cr.P.C that she is a major and the

Court also assessed his age to be 18 years of age. Further,

medical report in the case diary with regard to her age would
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also go to show that her age is above 20 years and no evidence

of any recent sexual assault is found.

8. Taking into consideration the fact that there was a

continuing love relationship between the petitioner and the

informant and even she had gone to place along with the

petitioner out of her own free will and she is a major, it is

directed that the petitioner, above named, in the event of his

arrest or surrender before the learned Court below within a

period of four weeks, be released on anticipatory bail in

connection with Siwan Mahila P.S. Case no.75 of 2024 on

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of the

learned A.C.J.M-VI-cum-Special Judge, POCSO, Siwan,

subject to the condition laid down under Section 438(2) of the

Code of Criminal Procedure/Section 482(2) of the B.N.S.S,

2023.

(Soni Shrivastava, J)

Harsh/-

U         T