Md. Mokim @ Md. Mokis v. The State Of Bihar

Patna High Court Cr.Misc. No.1891 of 2017 (2) dt.27-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1891 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -AMAUR District- PURNIA ====================================================== Md. Mokim @ Md. Mokis, Son of Late Hakimuddin, Resident of VillageParsarai, P.S. Amour District Purnea .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amour P.S. Case No. 98 of 2016 registered under Section 376/34 of the Indian Penal Code.

The accusation is that one year back this petitioner committed rape at the informant, who was at her cattle house alone. When she started to cry then this petitioner assured to perform the marriage and thereafter petitioner developed physical relation with the informant, on which, she conceive pregnancy. When the informant asked the petitioner to perform the marriage then he did not take any step. On 28.07.2016, the petitioner called the informant at his house and tried to administer medicine for abortion of her pregnancy then she raised alarm, on which, her

Patna High Court Cr.Misc. No.1891 of 2017 (2) dt.27-01-2017 parents rushed there. Her parents arranged Panchayat, in which, petitioner and his family members refused to perform the marriage with her.

Learned counsel for the petitioner submits that, in fact, petitioner is the neighbor of the informant and he used to do the job in Punjab but with ulterior motive the present case has been lodged with false allegation to give pressure to the petitioner to perform the marriage with the informant. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Purnea, in connection with Amour P.S. Case No. 98 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T