Firoz Alam @ Md. Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9532 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -AMDABAD District- KATIHAR ====================================================== Firoz Alam @ Md. Firoz Alam Son of Md. Mallik .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 376, 313, 504 and 506/34 of the Indian Penal Code.

It is alleged that one Sk. Bablu established physical relationship with the informant on the promise of marriage. Subsequently, the informant got pregnant but she was administered some tablets on 06.09.2014 by Sk. Bablu and this petitioner being a doctor injected her on 07.09.2014 consequently her pregnancy got terminated.

It is submitted by learned counsel for the petitioner that even in the statement recorded under section 164 of the Cr. P.C. the victim has stated that infant child was born alive but the same was killed by co-accused Muniya. It is further submitted

Patna High Court Cr.Misc. No.9532 of 2015 (2) dt.21-04-2015 2/2 that the informant was married to one Shaikh Malik, son of Saghir on 28.08.2014. There is no medical report of the victim on record. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the thrust of accusation against coaccused Sk. Bablu, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No.173 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T