Md. Safroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39328 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -CHHATAPUR District- SUPAUL ====================================================== Md. Safroj, Son of Late Dil Mohammad, Residents of Village - Jhakhargadh, Police Station - Chhatapur, District - Supaul. .... .... Petitioner

Versus

1. The State of Bihar

2. Gulbasha Khatoon, D/O Md. Jalil, Resident of Village - Jhakhargadh, P.S. - Chhatapur, District - Supaul.

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

For the Petitioner : Mr. Naresh Kumar Mehta, Advocate.

For the Opposite Party : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.

The petitioner apprehends his arrest in Chhatapur P.S. Case No. 82 of 2014, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The allegation against the petitioner is that he deceitfully obtained the consent of the informant and established physical relationship on the pretext of marrying her, but later on the petitioner refused to marry with the informant. Vide order dated 20.03.2015 notice was issued to the informant and no coercive step was ordered to be taken against the petitioner. In pursuance thereof the informant appeared through her lawyer and the learned lawyer submitted that the marriage has already been solemnized. The informant is happily living with her husband, the

Patna High Court Cr.Misc. No.39328 of 2014 (3) dt.05-05-2015 2/2 petitioner.

Considering the facts aforesaid, the petitioner above named, 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 anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 82 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T