Azimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7954 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- PRANPUR District- Katihar ====================================================== AZIMUDDIN, aged about 35 years, (M) Son of Late Majed Ali Resident of Village - Kuchiyahi, P.S. Pranpur, District - Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Pranpur P.S. Case No. 77 of 2018 registered for the offence punishable under Sections 376, 341, 232 and 504 of the Indian Penal Code.

Informant who is a victim girl has alleged that on assurance of marriage petitioner established physical relation with her and when she became pregnant, petitioner denied performing marriage with her.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The girl is a major aged about 22 years and relation between them is consensual. Petitioner has got no criminal antecedent and is in custody since 12.10.2018.

Patna High Court CR. MISC. No.7954 of 2019(2) dt.26-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- I, Katihar, in connection with Pranpur P.S. Case No. 77 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U