Reyaz Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 8661 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -MAHILA P.S. District- SIWAN ====================================================== Reyaz Ali S/o Late Bishmillah, R/o Village- Surwal, P.S.- Zeeradei, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rojni Khatoon, daughter of Md Alim, resident of Village - Surwal, PS - Zeeradei, District - Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Ajay Kumar Tiwary, Advocate For the S t a t e : Mr Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Mahila Police Station Case No 22 of 2016 registered under Sections 376, 493 of Indian Penal Code and Sections 6/8 of POCSO Act.

The matter was referred to the Mediation and Reconciliation Centre on 27.04.2017 wherein statement of the victim was recorded in which she has stated that she fell in love with the petitioner and married with him according to her own free will according to Muslim rituals and she is living in her matrimonial home without any difficulty. She has further stated

Patna High Court Cr.Misc. No.8661 of 2017 (5) dt.03-05-2017 2/2 that since her father was not happy with the marriage, so he may have filed this false case and she does not want to proceed with the case and she is desirous to live with her husband, the petitioner peacefully.

From the statement of the victim, it appears that though she filed this case under Section 376 of IPC but does not want to proceed with it and wants to lead happy conjugal life with the petitioner.

Having considered the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge (POCSO Act), Siwan in connection with Mahila Police Station Case No 22 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Arvind Srivastava, J) M.E.H./- U T