Patna High CourtCR. MISC./6598/2017bail granted

Md. Dilshad Kha @ Dilshad Khan @ Md. Dilshad Khan @ Sonu v. The State Of Bihar

2017-03-09Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.6598 of 2017 (3) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6598 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== MD. DILSHAD KHA @ DILSHAD KHAN @ MD. DILSHAD KHAN @ SONU s/o Md. Haji Kha @ Md. Haji Khan, r/v- Akbarpur, P.S. + District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Tripathy, Adv. For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-03-2017 Heard both sides.

The petitioner seeks bail in Rohtas P.S. Case No. 148/2016, registered for the offences punishable under Sections 376, 312, 315, 420, 504 and 34 of the Indian Penal Code and Sections 3 and 4 Dowry Prohibition Act.

The prosecutrix alleged that she was in love with the petitioner for last four years. On 22.07.2016 the petitioner informed her on mobile that he would not marry with her. The petitioner demanded different articles in dowry. She further alleged that on account of physical relation, she became pregnant two years ago, but the petitioner got her aborted. Learned counsel for the petitioner submits that the petitioner is a major girl aged about 22 years. She was having

Patna High Court Cr.Misc. No.6598 of 2017 (3) dt.09-03-2017 relation with the petitioner out of her free will. No offence under Section 376 is made out.

Considering the facts aforesaid and the allegation made against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Dehri in connection with Rohtas P.S. Case No. 148/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T