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Patna High CourtCR. MISC./6882/2022partly allowed disposal

Md Tausif @ Vikki v. The State Of Bihar

2022-08-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6882 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Md Tausif @ Vikki Son Of Late Abdul Hayat Resident Of Village- Garha, Ward No. 8, Police Station- Pupri, District- Sitamarhi 2.

Najamun Nisha Wife Of Late Abdul Hayat Resident Of Village- Garha, Ward No. 8, Police Station- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 312, 34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Md. Tausif @ Vikki.

Permission is accorded.

Patna High Court CR. MISC. No.6882 of 2022(2) dt.03-08-2022 2/3 Accordingly, the petition with respect to petitioner No. 1 is dismissed as withdrawn.

It is alleged against petitioner No. 1 that on promise to marry, he established physical relationship with the informant and when the informant became pregnant, petitioner Nos. 1 and 2 got the pregnancy of the informant terminated without her consent. It is submitted by learned counsel for the petitioner No. 1 that thrust of accusation is against petitioner No. 1 whose application has been permitted to be withdrawn. The petitioner No. 2 has been implicated in this case since she is mother of petitioner No. 1. Moreover, the F.I.R has been registered after a delay of more than nine months without any plausible explanation.

In the facts and circumstance of the case, let the petitioner No. 2, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on

Patna High Court CR. MISC. No.6882 of 2022(2) dt.03-08-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Sitamarhi in connection with Pupri P.S. Case No. 32 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T