Patna High CourtCR. MISC./49139/2015bail granted

Sanauddin v. The State Of Bihar

2015-11-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49139 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Sanauddin son of late Md, Shohrab, resident of Village Baijnathpur, P.S. Morha, District Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Korha P.S.Case No. 64 of 2015 registered u/s 376, 120B IPC. Allegation has been made that the petitioner had assure d the victim girl for marriage, abused her and later on refused to inter into marriage.

In the present case occurrence is said to have taken place on 11th February 2015 whereupon complaint was filed on 19th February 2015 and on the direction of the court below, the FIR was registered on 12th April 2015 .

Looking to the nature of allegation and the delay in lodging the FIR, petitioner Sanauddin is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten

Patna High Court Cr.Misc. No.49139 of 2015 (2) dt.04-11-2015 2/2 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S.Case No. 64 of 2015, subject to the conditions that :

(i) one of the bailors will be a close relative of the petitioner, (ii) if the petitioner would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary order, including cancellation of bail bonds, and (iii) the petitioner would co-operate and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.

Jay/- (Shivaji Pandey, J) U