Patna High CourtCR. MISC./51819/2016bail granted

Md. Rejja @ Ejja @ Rijwa v. The State Of Bihar

2017-03-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51819 of 2016 Arising Out of PS.Case No. -203 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. MD. REJJA @ EJJA @ RIJWA, S/o Md. Alam, R/o Vill - Belbari, Rohia, P.S. Azamnagar (Salmari O.P.), Distt - Katihar .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party : Mr. Awadhesh Kumar Singh, APP 215 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 376, 313, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of physical relation with the informant on the pretext of marriage. When the informant was pregnant from this petitioner, petitioner refused to marry. Notice was issued to the informant, but, no one appeared in spite of receipt of the notice.

Submission of the petitioner is that the petitioner is in custody since 07.10.2017. The matter is of consensual sex between two majors, hence, offence under Section 376 of the Indian Penal Code is not made out. Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)

Patna High Court Cr.Misc. No.51819 of 2016 (5) dt.21-03-2017 2/2 with two sureties of the like amount each in connection with Azamnagar P.S. Case No. 203 of 2016 to the satisfaction of Shri R.P. Singh, Additional District Judge, I, Kathiar, or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) SA/- U √ T √