Patna High CourtCR. MISC./52146/2015disposed

Sadul Mian @ Amamul Ansari v. The State Of Bihar

2015-12-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52146 of 2015 Arising Out of PS. Case No. -19 Year- 2015 Thana -BHANGAHA District- WEST CHAMPARAN(BETTIAH) ====================================================== Sadul Mian @ Amamul Ansari son of Osiyar Mian, resident of village Surypur, P.S. Bhangaha, Dist. West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard both sides.

The petitioner seeks bail in Bhangaha P.S. case no. 19 of 2015 registered under Sections 376, 313/34 of the IPC. The allegation is that the informant who is 20 years of age was defrauded by the petitioner and was subjected to sexual intercourse on repeated occasions. Subsequently she became pregnant. Petitioner forced her to abort her pregnancy and refused to marry.

Contention of the petitioner is that lady who is aged about 20 years was living in relationship. It was a physical relationship with the consent of the informant. In the statement made by her under Section 164 of the Cr. P.C. same thing has been disclosed. Petitioner is in custody since 17.8.2015.

Patna High Court Cr.Misc. No.52146 of 2015 (2) dt.16-12-2015 2/2 Learned APP opposed the prayer and contended that she was made to believe that he will marry and obtain the consent. Still it may be a case under Section 376 of the IPC. Considering the facts and circumstances of the case, for the present, I am not persuaded to release the petitioner on bail. Prayer is, accordingly, rejected.

If the trial does not commence and record adequate progress within 06 months from the date of receipt/ production of a copy of this order, the petitioner shall have liberty to renew prayer for bail in the Court below itself.

(Kishore Kumar Mandal, J) Shyam/- U T