Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79764 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Afsar S/o Md. Ekram R/v-Shahjangi Mansoori Tola, P.S-Habibpur,Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Habibpur P.S.Case No.86 of 2018 , registered for offences punishable under Sections 376, 314, 323 of the Indian Penal Code.

The case is under Section 376 of the IPC and the allegation is of committing rape upon the O.P.No.2 and on protest of getting married and in spite of she became pregnant, the petitioner refused to marry her.

In pursuance of the notice, O.P.no.2 appeared and both the parties have jointly prayed that the matter has been compromised and for that the petitioner has filed supplementary affidavit annexing the compromise petition.

Learned counsel for the informant has also not

Patna High Court CR. MISC. No.79764 of 2018(3) dt.28-02-2019 2/2 controverted the same.

Heard learned A.P.P. also.

Having heard both sides and in such view of the matter, let the petitioner, above named, surrender before the court below along with the O.P.no.2 within a period of six weeks from the date of order and the learned court below shall enquire about the compromise between the parties from the O.P.No.2 and on being satisfied, he shall released the petitioner on bail in connection with Habibpur P.s.case No.86 of 2018. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T