Patna High CourtCR. MISC./34564/2016bail granted

Md. Raju v. The State Of Bihar

2016-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34564 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Md. Raju son of Md. Kamal Ansari @ Md. Kamal resident of VillageChakmahesi, P.S. Chakmahesi District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard Mr. N.A. Samshi, learned counsel for the petitioner, learned Additional P.P. and Md. Abdul Haidar, learned counsel for the informant.

The petitioner apprehends his arrest in Chakmahesi P.S. Case No. 81 of 2015, registered for the offences punishable under Sections 376(i) and 506/34 of the Indian Penal Code and Section 4, 6 of POCSO Act.

The informant made allegation that Md. Raju, the petitioner firstly committed rape with her and thereafter he continued to establish physical relation with her on the pretext of marriage. The informant became pregnant and when she requested the petitioner to marry, the petitioner refused. A Panchayati was also held. It is submitted that marriage has already been solemnized. The victim is a major girl.

Patna High Court Cr.Misc. No.34564 of 2016 (4) dt.22-09-2016 2/2 Learned counsel for the informant appeared and admitted the fact and stated that the informant has filed a petition before the learned A.C.J.M., Samastipur stating that according to the compromise petition the informant was married with the petitioner.

Considering the facts aforesaid and the fact that the petitioner has already been married with the informant, 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 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 Additional Chief Judicial Magistrate I, Samastipur in connection with Chakmahesi P.S. Case No. 81 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T