Md. Wasim @ Wasim Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41368 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Md. Wasim @ Wasim Akram, age 21 Years, S/o Md. Rizwan, R/o Nimuha, P.S.- Basantram, District- Godda (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Digvijay Narayan Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Habibpur P.S. Case No.71 of 2017 instituted for the offence under Section(s) 376 Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012.

Learned counsel for the petitioner submits that the informant has filed a petition in the Court below stating that she is above 18 years of age and no physical relationship was established by this petitioner with her.

In the written report, it is alleged that this petitioner on the pretext of marrying the informant sexually exploited her for four months and finally refused to perform marriage. It has further been submitted that the instant case has

Patna High Court Cr.Misc. No.41368 of 2018 (2) dt.18-07-2018 2/2 only been filed to put pressure to perform marriage with her. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Habibpur P.S. Case No.71 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court of Additional Sessions Judge-I, Bhagalpr, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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