Nanhen Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40846 of 2015 Arising Out of PS.Case No. -258 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nanhen Khan Son of late Noorul Hoda resident of village Rowari, P.S. - Shikarpur, District - West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Kishun Prasad, Advocate.

For the Opposite Party : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code.

The victim made allegation that the petitioner on the pretext of marriage established physical relationship with her and she became pregnant, but the petitioner refused to marry with the victim.

It is submitted that the victim made her statement under Section 164 of the Cr.P.C. and she disclosed that the petitioner tried to abort her, but the victim gave birth to a child. The doctor found age of the victim between 20 to 22 years. The victim was a consenting party. The petitioner is still ready to marry with the

Patna High Court Cr.Misc. No.40846 of 2015 (3) dt.11-09-2015 2/2 victim as and when the victim wishes to marry with the petitioner. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Jatesh Kumar, the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in Shikarpur P.S. Case No. 258 of 2014, corresponding to Trial No. 3588 of 2015. (Prabhat Kumar Jha, J.) KKSINHA/- U T