IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5380 of 2009 Taiyab Ali @ Md Taiyab Ali, s/o late Muzaffar Ali, resident of Village – Sonbarsa, P S – Korha, District – Katihar - Petitioner Versus 1) State of Bihar 2) Arefa Khatoon, D/o Obedur Rahman, resident of village – Sonbarsa, P S – Korha, District – Katihar -Opposite Parties ----------- 3 26.05.2009 The petitioner is in custody in relation to Korha Police Station Case No 184 of 2008 dated 03.08.2008 which has been instituted pursuant to orders of the learned Chief Judicial Magistrate in terms of Section 156 (3) of Criminal Procedure Code. A complaint being Complaint Case No 2054 of 2008 was filed on or about 14.07.2008 by the complainant/opposite party No 2 here Arefa Khatoon, inter alia, alleging that the petitioner had been indulging in sex with her for a period of one year on the assurance of marrying her. When she became pregnant, he refused to marry her and got her engaged for marriage to another person. The marriage having been solemnised, when the other person came to know that she was pregnant, he divorced her. Thereafter, the parents of the petitioner offered her money for abortion which she refused. The marriage is said to have taken place on 13.06.2008 and the talak on 05.07.2008. The complaint has been filed on 14.07.2008. Petitioner has filed a supplementary affidavit. He submits that the complainant is a habitual black mailer. Earlier on 06.12.2007, she had filed a Complaint Case No 3054 of 2007 before the Chief Judicial Magistrate, Katihar, inter alia, alleging that while staying 2 with her Nana alongwith her mother, her father having divorced and separated, she had been ravished by her cousin in her Nana’s house who later agreed to marry her but on the day of marriage, demanding substantial money, refused to marry. Now she sets up a different story in the present complaint that she was being ravished for over a year by the petitioner on the promise of marriage. Both the complaints being on record prove innocence of the petitioner. Complainant-opposite party No 2 was noticed and has appeared. He submits that opposite party No 2 is young and without a father, people are taking advantage of her. Be that as it may, the petitioner abovenamed shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief judicial Magistrate, Katihar in Korha Police Station Case No 184 of 2008. M.E.H./ (Navaniti Prasad Singh)