Md. Afroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8723 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== Md. Afroj, Son of Md. Nasim, R/o-Vill-Kokilwara, P.S. Aurai, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner, informant and A.P.P. for the State.

The Petitioner seeks bail in Aurai P.S. Case No. 160 of 2016 instituted for the offence under Section(s) 341, 323, 504, 376, 34 of the Indian Penal Code.

The victim/opposite party no. 2 Sidhika Sabnam is physically present in the Court today. She has stated that now the compromise has taken place between her and petitioner and petitioner is agree to marry with her. It has been submitted on behalf of the petitioner that a compromise petition has been filed in the lower court which is annexed as Annexure-2, wherein the petitioner agreed to marry with the victim/opposite party no. 2.

Patna High Court Cr.Misc. No.8723 of 2017 (4) dt.04-04-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on provisional bail for two months on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Muzaffarpur in connection with Aurai P.S. Case No. 160 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner, subject to the condition that petitioner will marry with the victim/opposite party no. 2 as per compromise filed by him before lower court after release from jail and will file necessary information in the lower court within a period of two months from the date of his release. On that date, the petitioner will appear along with the victim girl/opposite party no. 2 and thereafter court below will confirm the provisional bail of the petitioner.

In the event the petitioner does not appear in lower court within two months of his release with victim girl, after performing marriage with her as per compromise, the provisional bail granted to the petitioner shall be cancelled by the court below. (Sanjay Priya, J) Shageer/- U T