Md. Akbar @ Md. Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4488 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- DHAMDAHA District- Purnia ====================================================== Md. Akbar @ Md. Akbar Ansari S/o. Haroon Ansari, resident of villagePriyankar P.S.- Dhamdaha District Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is that he was in physical relation with the informant since last two years on the pretext of marriage.

After taking instruction from the client learned counsel for the petitioner informs that the petitioner is ready to marry with the informant.

Learned counsel for the State submits that informant is ready to marry with the petitioner.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.4488 of 2019(5) dt.03-05-2019 2/3 above named, be released on provisional bail for six months on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dhamdaha P.S. Case No.170 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (C) If the Court-below would find that petitioner is not ready for marriage, the provisional bail shall be cancelled by the learned Court-below itself and if the Courtbelow finds that informant is not ready for marriage the provisional bail of the petitioner shall be confirmed by the learned Court-below itself.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Mkr./- U T

Patna High Court CR. MISC. No.4488 of 2019(5) dt.03-05-2019 3/3