Patna High CourtCR. MISC./50000/2018bail granted

Md. Iliyas Ali @ Md. Iliyas v. The State Of Bihar

2018-10-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50000 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== MD. ILIYAS ALI @ MD. ILIYAS Son of Md. Hadis Resident of VillageMadhurapur, Police Station- Bihpur (Bhawanipur), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s :

Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bihpur ( Bhawanipur) P. S. Case No. 50 of 2018 instituted for the offence under Section(s) 376 and 493/34 Indian Penal Code and Section 4 of the POCSO Act, 2012.

The petitioner is in custody since 20.2.2018. It is mentioned in para 3 of the bail petition that petitioner has no criminal antecedent.

The informant is the legally wedded wife of this petitioner. She was married with petitioner on 13.11.2017 stating her age as 19 years in presence of the Qazi and witnesses. Prior to solemnization of marriage with this petitioner the informant solemnized marriage with one Md.

Patna High Court Cr.Misc. No.50000 of 2018(2) dt.01-10-2018 2/2 Sonu on 21.2.2016 and in her Nikahnama she has stated her age as 18 years. The copy of Nikahnama has been annexed as Annexure-2 to the bail petition by which the informant was married with her first husband. Petitioner is ready to keep the informant with full honour and dignity.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Bhagalpur, in connection with Bihpur ( Bhawanipur) P. S. Case No. 50 of 2018, G. R. No. 538 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T