Patna High CourtCR. MISC./3688/2019bail granted

Md. Rizwan v. The State Of Bihar

2019-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3688 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA P.S. District- Madhepura ====================================================== Md. Rizwan, son of Md. Khurshid Resident of Village-Sabugarh Janki Tola, P.s-Madhepura, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Madhepura Mahila Police Station Case No. 24 of 2018, disclosing offences under Sections 376/504/354/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Learned Counsel appearing on behalf of the petitioner submits that it is evident from the First Information Report that there is no allegation of establishing physical relation forcibly. Apparently, the same appears to be consensual. On perusal of the First Information Report, I find force in the submission so advanced on behalf of the petitioner. Accordingly, this application is allowed.

Patna High Court Cr.Misc. No.3688 of 2019(2) dt.25-01-2019 2/2 Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhepura, in connection with Madhepura Mahila Police Station Case No. 24 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √