Asraful @ Asraful Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19219 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- AMDABAD District- Katihar ====================================================== ASRAFUL @ ASRAFUL HAQUE Son of Fajlu Haque @ Nazir Hussain R/o village- Bara Lakhanpur, P.S.- Amdabad, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Najmul Hoda For the Informant :
Mr. Bimal Kumar For the Opposite Party/s :
Mr. Ram Priya Sharan Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in connection with Amdabad P.S. Case No. 201 of 2018 instituted for the offence under Section(s) 323/376/506/34 of the Indian Penal Code. It is alleged in the written report given by the informant that this petitioner on pretext of performing marriage established physical relationship with the informant on account of which she became pregnant. Thereafter, he refused to perform marriage with her. The statement of victim girl has been recorded under Section 164 Cr.P.C., which is produced during hearing of the bail petition, in which she has stated her age to be 17 years. The court has assessed her age to be 18 years. She
Patna High Court CR. MISC. No.19219 of 2019(2) dt.29-03-2019 2/2 has stated in her statement that she gave birth to a female child.
Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that victim is minor. This Court finds that victim herself has stated her age to be 18 years in the FIR.
Petitioner is in custody since 05.01.2019 having clean antecedent.
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 learned Judicial Magistrate 1st Class, Katihar in connection with Amdabad P.S. Case No. 201 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/mu keshU T