Md. Jasim @ Md. Jasimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19118 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Md. Jasim @ Md. Jasimuddin, Son of Md. Muslim, resident of VillageBishanpur, Police Station- Dagarwa, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Shanker Modi For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioner seeks bail in Mahila P.S. case No. 64 of 2016 under Section 376 and other Sections of the Indian Penal Code.

The informant alleged that she was going to learned computer in the computer centre of Md. Jasim, the petitioner. During that period the informant developed love affairs with the petitioner and the petitioner established physical relation with her on the pretext of marriage but later on the petitioner refused to marry with the informant.

The learned counsel for the petitioner submits that petitioner herself stated in her fard bayan that she is aged about 20 years. No offence under Section 376 of the IPC is made out. The

Patna High Court Cr.Misc. No.19118 of 2017 (3) dt.15-05-2017 2/2 petitioner never assured to marry with the informant. The victim is a consenting party.

Considering the nature of allegation made against the petitioner and the fact that victim is a major girl and she appears to be a consenting party, the above named petitioner 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 the learned Sub-divisional Judicial Magistrate, Purnea in Mahila P.S. Case No. 64 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T