Imam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20776 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== IMAM KHAN, Son of Ramaul Khan, Resident of Village - Sripur Utwari Pathan Toli, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate Mr. Abhishek Kumar, Advocate For the State :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Ghorasahan P.S. Case No. 398 of 2020 for the offence under Section 376 of the Indian Penal Code and under Section 4 of the POCSO Act.

It has been submitted by learned counsel for the petitioner that both the parties were having affair and were married as per the Muslim rites and the girl is staying in the house of the petitioner, inasmuch as, a compromise petition has

Patna High Court CR. MISC. No.20776 of 2021(3) dt.08-02-2022 2/2 also been filed by both the parties.

Considered the submissions of learned counsel for the petitioner. In the opinion of this Court, this is not a fit case for grant of anticipatory bail to the petitioner and therefore, the same is dismissed.

The petitioner is directed to surrender in the Court below within a period of two weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by the fact that the petitioner has moved before this Court for anticipatory bail and the same has been dismissed. The Court below will also consider the fact that the parties have entered into a compromise and they are staying together. This fact can be verified from the victim girl. The Court below will also consider the fact that in Muslim Law, the age of majority of a girl is to be considered on her attaining the puberty.

(Sandeep Kumar, J) pawan/- U T