Perwez Rahi @ Parwej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16152 of 2020 Arising Out of PS. Case No.-532 Year-2019 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Perwez Rahi @ Parwej Son of Asfaque Resident of Village-Chirah, P.S.- Mahalgaon, District-Araria.

... ... Petitioner/s

VERSUS

1. The State Of Bihar

2. Anarkali D/o Noor Islam, Resident of village Mahesh Bathana, P.S. + District - Kishanganj.

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Complaint Case No. 532 of 2019 punishable for the offence under Section 376 of the Indian Penal Code.

As per prosecution case, the petitioner, who is relative of the complainant, used to come to complainant's house. One day, the petitioner, finding no one in the house except the complainant, committed rape with complainant on the pretext of marriage, but later on, he refused to marry her (complainant). It is submitted on behalf of petitioner that after the occurrence, with the intervention of friends and relatives of both

Patna High Court CR. MISC. No.16152 of 2020(2) dt.22-07-2020 2/2 parties, the matter has been compromised and both of them married and are living together and leading conjugal life as husband & wife. To this effect, Annexure - 2, which is compromise petition, and Annexure - 3 i.e. Nikahnama have been enclosed with this petition.

Considering the aforesaid facts and circumstances, the anticipatory bail application of petitioner is allowed. In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Complaint Case No. 532 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailor shall be complainant.

(Prabhat Kumar Singh, J.) anay U T