Javed Alam @ Md. Jawed v. The State Of Bihar

Patna High Court Cr.Misc. No.33007 of 2016 (4) dt.06-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33007 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Javed Alam @ Md. Jawed, Son of Md. Sadique, Resident of Barki Sonimpur, P.S.- Industrial Area, District Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev, Advocate. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Industrial Area P.S. Case No. 92 of 2016 registered under Section 376 of the Indian Penal Code.

The accusation is that petitioner being the neighbour of the complainant/informant developed physical relation with her on assurance to perform the marriage. The petitioner continued three years physical relation with the complainant/informant when she asked to the family members of the petitioner to arrange the marriage then she was abused by the petitioner and his family members.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.33007 of 2016 (4) dt.06-12-2016 admittedly petitioner is the neighbour of the complainant/informant and the family members of the complainant/informant want to perform the marriage with this petitioner but the petitioner refused to perform the marriage due to that reason the present false case has been lodged. It is further submitted that the age of the victim has been assessed as 19-20 years and the compromise petition is also filed in the trial court, which is signed by the complainant/informant and the petitioner on 28.11.2016.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of 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 Chief Judicial Magistrate, Buxar, in connection with Industrial Area P.S. Case No. 92 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