Malekh @ Khalekh @ Md. Khaleque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2465 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== Malekh @ Khalekh @ Md. Khaleque S/o- Shekh Najrool R/o- Jamalpur, P.S.- Harishchandrapur, District- Malda.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 376 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, it is apparent form the F.I.R. itself that there was consensual physical relation between the petitioner and the victim on the pretext of marriage, therefore, no case under Section 376 of the Indian Penal Code is made out against the petitioner. The petitioner is rotting in judicial custody since 10.10.2019. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.2465 of 2020(2) dt.24-01-2020 2/2 case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st, -cum- Special Judge, Katihar, in connection with Azamnagar P.S. Case No. 262 of 2019.

(Arvind Srivastava, J) brajesh/- U T