Patna High CourtCR. MISC./6693/2019bail granted

Chhote @ Isha Ansari @ Chhote Mian v. The State Of Bihar

2019-05-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6693 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== Chhote @ Isha Ansari @ Chhote Mian S/o. Late Wakil Ansari R/o VillageNaya Tola, Belsandi, P.S.- Gaunaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

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

The petitioner is languishing in custody for the offences punishable under Section 376D of the Indian Penal Code and Section 4 of the POCSO Act.

Submission of learned counsel for the petitioner is that the petitioner had solemnized marriage with the daughter of the informant on 10.08.2018, which would be evident from a copy of Nikahnama at Annexure-2 to the supplementary affidavit. However, subsequently, under pressure of the parents, allegation was leveled that on 18.08.2018 the petitioner forcefully committed rape against her.

Patna High Court CR. MISC. No.6693 of 2019(4) dt.03-05-2019 2/2 Learned counsel for the informant submits that informant is willing to marry with the petitioner. Considering the aforesaid fact, let the petitioner, above named, be released on bail 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 Gaunaha P.S. Case No.96 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. (Birendra Kumar, J) Mkr./- U T