Abid Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16467 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -SC/ST District- JAMUI ====================================================== Abid Mian son of Qurban Mian Resident of Bhachhiyar, Police Station - Jamui, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Ram Shankar Das (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376(D) and other sections of the Indian Penal Code and Section 3(i)(x)(xi)(xiii) of the SC/ST Act.

The informant made allegation that the petitioner and Jahid Miyan took her and committed rape with her. Submission of the learned counsel for the petitioner is that Anil Ravidas, the husband of the informant Sarita Devi @ Goli, filed Laxmipur P.S. Case No. 93 of 2011 under Sections 366/34 of the Indian Penal Code and Section 3(x)(xii) of the SC/ST Act. The victim Sarita Devi made her statement under Section 164 of the Code of Criminal Procedure on 09.09.2011 and she disclosed that her parents forcibly married her with Anil Ravidas. Her husband and in-laws assaulted her and, that is why, she was fed-up and she

Patna High Court Cr.Misc. No.16467 of 2015 (2) dt.01-05-2015 2/2 wanted to marry with Abid Mian, the petitioner. The victim is a major girl. The statement of the victim itself shows that she voluntarily went along with the petitioner. Later on, she filed a complaint petition making allegation of rape. Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today, 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 Chief Judicial Magistrate, Jamui in SC/ST P.S. Case No. 47 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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