Abdur Rahman Majhari @ Abdul Rahman Majhari @ Abdur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58176 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Abdur Rahman Majhari @ Abdul Rahman Majhari @ Abdur Rahman, Son of Abdul Salman Majhari, Resident of Village- Kora Beldari, P.S. Muffasil, Bettiah, District- West Champaran at Bettiah. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 341, 323, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act. The FIR as well as statement of the victim under Section 161 Cr.P.C. reveals that the petitioner was in physical relation with her on the pretext of marriage. Subsequently, the petitioner refused to marry and the victim was pregnant from this petitioner. Petitioner is in custody since 17.07.2017. According to medical opinion, the age of the victim in between 17-19 years. Considering the fact that the victim was a

Patna High Court Cr.Misc. No.58176 of 2017 (3) dt.11-01-2018 consenting party, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bettiah Muffasil Police Station Case No.138 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T