Asraf Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16576 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- DHAKA District- East Champaran ====================================================== Asraf Ali, Son of Wazul Haque Resident of Village- Hardia, P.S.- Kundwa Chainpur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arif Daula Siddiquie For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 376, 313, 34 of the Indian Penal Code, 6 of POCSO Act and 5 of the Medical Termination of Pregnancy Act.
The prosecution case, in short, is that on the assurance of marriage, the accused persons established physical relation with the informant and later refused.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The matter has already been compromised between the
Patna High Court CR. MISC. No.16576 of 2019(2) dt.15-03-2019 2/2 parties vide Annexure-4.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 226/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T