Md. Tausiff v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70910 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- GURARU District- Gaya ====================================================== Md. Tausiff, Son of Md. Rafique, Resident of Village- Kochi, P.S.- Guraru, District- Gaya.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2018 Petitioner prays for bail in connection with POCSO Case No. 27 of 2018, arising out of Guraru P.S.Case No. 44 of 2018 registered for the offences punishable under Sections 120B, 376 of the Indian Penal Code, Section 4 of POCSO Act and Sections 3, 7 of Dowry Prohibition Act.

Allegation against the petitioner is that on the pretext of marrying the informant, who is minor, he committed rape upon her and when he was asked to marry her, parents of the petitioners got him fled away and thereafter the present case been filed.

Submission of learned counsel for the petitioner is that compromise is reached between the parties and marriage has been settled between the parties and petitioner is in custody since 11.9.2018.

Patna High Court Cr.Misc. No.70910 of 2018(3) dt.17-12-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, this application is disposed of with a direction to learned court blow to verify the fact that as to whether the victim girl has married with the petitioner and if it is so, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Gaya, in connection with POCSO Case No. 27 of 2018, arising out of Guraru P.S.Case No. 44 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, otherwise the court below may pass such other order(s) as he may deem fit and proper. (Vinod Kumar Sinha, J) spal/- U T