Patna High CourtCR. MISC./20292/2016bail granted

Md. Hasan @ Md. Hasan Khan v. The State Of Bihar

2016-05-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20292 of 2016 Arising Out of PS.Case No. -6 Year- 2015 Thana -MAHILA P.S. DistrictARRARIA =====================================

1. Md. Hasan @ Md. Hasan Khan, S/o Farmauddin, Resident of Village- Dhangama P.S.- Mahalgaon, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Mr. Aditya Nr. Singh - 1 (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Araria (Mahila) P.S. Case No.06 of 2015, disclosing offences under Sections 376 (ii) (N) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that it is evident from the First Information Report that refusal by the petitioner to marry the informant is the real reason behind lodging of the First

Patna High Court Cr.Misc. No.20292 of 2016 (2) dt.20-05-2016 2/2 Information Report. He has submitted that lodging of the First Information Report, in the present facts and circumstances of the case, is an apparent abuse of process of law.

Considering the nature of accusation, contained in the First Information Report, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria, in connection with Araria (Mahila) P.S. Case No.06 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T