Patna High CourtCR. MISC./12311/2015bail granted

Md. Farog v. State Of Bihar And ANR

2015-05-01Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12311 of 2015 (2) dt.01-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12311 of 2015 Arising Out of PS.Case No. -2727 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Farog Son of Md. Manir Resident of Village - Forsadangi, P.S.- Palasi, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Husena Begam Daughter of Matiur Rahman Resident of Village - Farzadangi, P.S. - Palasi, District - Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 01.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner, allegedly, established physical relation with the complainant on false promise of marriage.

Petitioner has been made accused in complaint case in which the concerned court having made proper enquiry took cognizance for the offence under section 8 of the POSCO Act but submission on behalf of the petitioner is that complainant was major at the time of alleged occurrence and the witnesses in course of enquiry stated that complainant was above 18 years at the time of alleged occurrence though the complainant has disclosed her age as 16 years.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed

Patna High Court Cr.Misc. No.12311 of 2015 (2) dt.01-05-2015 and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri S.K. Mishra, Judicial Magistrate, Ist Class, Araria/concerned court in Complaint case no. 2727/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T