Saddam @ Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42526 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -BENIPATTI District- MADHUBANI ====================================================== Saddam @ Md. Saddam, son of Md. Harun of Village - Rajaun, P.S. Banipatti, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Md. Soban Asghar, Advocate For the Informant : Mr. Ratanakar Jha, Advocate For the State : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the informant as well as the learned counsel appearing on behalf of the State. The petitioner is in custody since 07.04.2018 in connection with Benipatti P.S. Case No.52 of 2018 registered for the offence under Sections 366 and 376 of the Indian Penal Code.

Learned counsel for the informant submits that the petitioner had lured the informant into marriage and had also committed rape on her.

Considering the entire facts and circumstances of the case and that the informant had willingly gone with the petitioner and had earlier deserted her husband and because the

Patna High Court Cr.Misc. No.42526 of 2018 (2) dt.19-07-2018 2/2 medical evidence is against the story as carved out by the prosecution and also that the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Benipatti, District-Madhubani, in connection with Benipatti P.S. Case No.52 of 2018 (G.R. No.217/18).

(Anjana Mishra, J) PNM U T