Mukadar Shah @ Mokadar Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55266 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== MUKADAR SHAH @ MOKADAR HUSSAIN, son of Serajuddin Shah, Resident of Village- Lodipur, Police Station- Chainpur, Distt- Kaimur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Sharma, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.
The petitioner apprehends his arrest in Chainpur P.S. Case No. 205/2016, registered for the offences punishable under Sections 376, 504 and 34 of the Indian Penal Code. The informant alleged that the petitioner established physical relation with her on the pretext of marrying with her. The informant became pregnant, but the petitioner refused to marry with the informant.
Learned counsel for the petitioner submits that the case was filed only to put pressure to marry with the informant. Now, the petitioner has already solemnized marriage with the informant.
Learned counsel for the informant also submits that
Patna High Court Cr.Misc. No.55266 of 2016 (4) dt.23-03-2017 2/2 the informant is living with the petitioner as wife and husband and she got a child.
Considering the facts aforesaid and the fact that of course, it is very serious matter that the informant lodged case making serious allegation against the petitioner, but since the informant is living along with the petitioner as wife and husband, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 205/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T