Md. Kamran Ansari @ Kamran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10561 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- MADHAURAH District- Saran ====================================================== MD. KAMRAN ANSARI @ KAMRAN ANSARI Son of Molazim Ansari Resident of Village- Olhanpur, P.S.- Marhowrah, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Marhowrah P.S. Case No.198 of 2018 registered under Sections 420, 376 and 120(B)/34 of the Indian Penal Code. The accusation is that the informant came in the touch of the petitioner at Marhowrah Hospital. Thereafter, the petitioner started to visit at the house of the informant and developed friendly relation with her. On knowing about the friendly relation of the informant and the petitioner, the father of the informant met the father of the petitioner and both agreed to perform the marriage of the petitioner with the informant. In the meantime, the petitioner developed physical relation with the

Patna High Court CR. MISC. No.10561 of 2019(3) dt.15-05-2019 2/3 informant and both started living as husband and wife. Before 20 days, the father of the informant asked the father of the petitioner to perform the marriage of the informant on which the father of the petitioner called the father of the informant after some days. Thereafter, the petitioner along with his family members refused to perform the marriage with the informant. As such, the petitioner on false assurance of performing the marriage with the informant made physical relation with her and cheated the informant.

Learned counsel for the petitioner submits that, in fact, the petitioner is doing the job in Ship and used to earn handsome money. On one occasion, when the petitioner had come to his house, the father of the informant proposed the petitioner to perform the marriage with the informant and when the petitioner refused, then the father of the informant got manged to lodge this false case. The witness in paragraph-20 of the case diary has also given the same statement. Further submission is that while the Investigating Officer tried to get examine the informant medically but she refused. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.10561 of 2019(3) dt.15-05-2019 3/3 arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, Saran at Chapra, in connection with Marhowrah P.S. Case No.198 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T