Md. Sakil Ansari @ Md. Shakil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1232 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- CHACKMEHSI District- Samastipur ====================================================== MD. SAKIL ANSARI @ MD. SHAKIL ANSARI Son of Md. Azazul @ Md. Ajajul Resident of Village - Bargama, P.S. - Chakmehsi, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandani Khatoon Daughter of Md. Khalil Ansari Resident of Village - Bargama, Ward No. - 5, P.S. - Chakmehsi, District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Chakmeshi P.S. Case No. 170 of 2019 registered for the offence punishable under Sections 376/34 of the Indian Penal Code.

As per prosecution case, petitioner on pretext of marriage had made physical relationship with the complainant/informant and when she asked for marriage petitioner and his family members demanded Rs.2 lac. Submission of learned counsel for the petitioner is that impugned order shows that as per medical report her age was 17-1/2 to 18-1/2 years as such she appears to be major and even there was allegation of physical relationship, that was

Patna High Court CR. MISC. No.1232 of 2020(2) dt.24-01-2020 2/2 consensual and informant wants to marry him and he was not ready for that and in order to create pressure upon the petitioner the present case has been filed.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Samastipur, in connection with Chakmehsi P.S. Case No. 170 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that he has to co-operate in the investigation and appear before police as and when required, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T