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Patna High CourtCR. MISC./31200/2023allowed

Furkan Quraishi @ Md. Furkan Quraishi v. The State Of Bihar

2023-06-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31200 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== FURKAN QURAISHI @ MD. FURKAN QURAISHI S/O SAHID @ SANICHARA Resident of Village- Qureshi mohalla, Ward No.- 15, P.S.- Aurangabad Town, District- Aurangabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MUSKAN PRAVEEN W/O MD. FURKAN QURAISHI @ FURKAN QURAISHI, D/O SABIR HUSSAIN @ MD. SABIR HUSSAIN Resident of village- Qureshi mohalla- ward no. 10, P.S.- Aurangabad Town, DistrictAurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 376, 506 of the IPC. A supplementary affidavit has been filed by the learned counsel for the petitioner in the Court today. The same is taken and kept on record.

Earlier, the prayer for anticipatory bail of this petitioner was rejected vide order dated 05.12.2022 passed in Cr. Misc. No.46707 of 2022 by this Court.

The petitioner has now filed this application for bail. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.31200 of 2023(3) dt.28-06-2023 2/2 petitioner has married with the victim and in this regard, supplementary affidavit affirmed by the wife of the petitioner (victim) has been annexed, in which at para-4, it is stated that at present, the deponent and the petitioner have solemnised marriage with each other and are living together as husband and wife. The victim is also physically present and stated before this Court that the petitioner is living with the victim.

Having regard to the facts and circumstances of the case, considering the new ground that the petitioner and victim have solemnized marriage and are living together, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahila P.S. Case No.08/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T