Patna High CourtCR. MISC./13737/2020allowed

Md. Ekram @ Md. Ekramuddin v. The State Of Bihar

2021-03-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13737 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Md. Ekram @ Md. Ekramuddin, aged about 50 years, Male, Son of Md. Rauf @ Sekh Rauf, Resident of Village-Baturbari, Ward No.16, P.S.-Tarabari, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Araria (Mahila) P.S. Case No. 151 of 2019 dated 24.10.2019 corresponding to Special (POCSO) Case No.65 of 2019 registered for the offences punishable under Sections 376/506 of the Indian Penal Code and Section 6 of POCSO Act. By order dated 08.06.2020, the petitioner was granted provisional bail. By order dated 06.10.2020, learned counsel for the petitioner and opposite party no.2 are agreed to appear before the court below on 02.11.2020 and petitioner is ready to take away his wife-opposite party no.2 with him and will file an affidavit in this regard before this court stating that he is keeping

Patna High Court CR. MISC. No.13737 of 2020(11) dt.24-03-2021 2/2 the opposite party no.2 as wife with full honour and dignity. By the impugned order dated 02.11.2020, both the parties were called and being appeared, they put their stand alternatively through their respective lawyers in written which has been mentioned above, since victim as well as her guardian are denying any type of legal marriage due to her age despite best effort on the part of court to settle the matter in the light of order of Hon'ble High Court, Patna passed in Cr. Misc. No.13737 of 2020, parties are not ready for the same. Considering this fact, the opposite party no.2 is not ready to live with the petitioner. The provisional bail granted to the petitioner dated 08.06.2020 is hereby confirmed. (Anjani Kumar Sharan, J) Nasimul/- U T