Md. Sakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2047 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -SIMRI District- DARBHANGA ====================================================== Md. Sakil Son of Md. Sabirul, resident of village - Sadhwara, P.S. Simri, District - Darbhanga .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kamal, Advocate For the Opposite Party/s : Mr. T.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Simri P. S. Case No. 127 of 2015 registered under Sections 376, 313 and 504/34 of the Indian Penal Code.
It is contended that it would be evident from the allegation made in the FIR itself that the informant, a major lady, was consenting party and just in order to blackmail the petitioner, the instant case has been instituted. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He has submitted that the petitioner, being a close relative of the informant,
Patna High Court Cr.Misc. No.2047 of 2016 (3) dt.11-04-2016 2/2 established physical relationship on the pretext of marriage, but subsequently, denied to marry the informant.
Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in Simri P. S. Case No. 127 of 2015 ( G. R. No. 3375 of 2015), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T