Md. Fida Hussain @ Md. Fida Hussain Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.47462 of 2016 (3) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47462 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -MANIGACHI District- DARBHANGA ====================================================== Md. Fida Hussain @ Md. Fida Hussain Ansari son of Alauddin Ansari Resident of Village-Baghant, P.S.-Manigachhi, District-Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Manigachhi P.S. Case No. 124 of 2016 registered for the offences punishable under Sections 447, 448, 323, 376, 379, 504/34 of the Indian Penal Code.

Allegedly, the petitioner committed rape with minor sister of the informant when she was sleeping in her house and when the matter was reported to the villagers, then other co-accused and the petitioner entered into the house and after abusing assaulted the house inmates and took away ornaments and clothes. Thereafter, when the informant was coming to Police Station with sister, panches and the accused persons who are powerful persons restrained them but, any how the informant came at Police Station

Patna High Court Cr.Misc. No.47462 of 2016 (3) dt.14-12-2016 and lodged the case.

Submission is of false implication and that the matter has been compromised due to intervention of well wishers and common friends and the petitioner has married with the victim girl and both are living jointly as husband and wife and as such the petitioner deserves sympathetic consideration. Learned APP duly assisted by learned counsel for the informant fairly submits that now the petitioner has married with the victim and both are living together.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Manigachhi P.S. Case No. 124 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T