Md. Ijhar @ Azhar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10435 of 2018 Arising Out of PS. Case No.-139 Year-2017 Thana- BAUSI District- Purnia ====================================================== Md. Ijhar @ Azhar Ali S/o Md. Wazit , R/o Choncha, P.S.- Baisi, DistrictPurnea. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Abdul Haque @ Abdul Hakim @ Hakim son of late Aainul Haque resident of village Sripur P.S. Baisi Dist. Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh For the Opposite Party/s :
Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Baisi P.S. case no. 139 of 2017 instituted for the offence under Section(s) 366 and 376 of the Indian Penal Code.
In the written report it is alleged that this petitioner committed illegal act with the daughter of the informant aged 18 years on the pretext of performing marriage with her.
Learned counsel for the informant has appeared and submitted that both the petitioner and victim girl has performed marriage and they are living as husband and wife. In terms of the order of this Court dated 10.4.2018 both are present in Court physically. The father of the victim girl is also present in Court. They have also stated that both have performed marriage and living as husband and
Patna High Court Cr.Misc. No.10435 of 2018(4) dt.11-04-2018 2/2 wife. The victim girl stated her age to be 19 years. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Special case no. 61/17 arising out of Baisi P.S. case no. 139 of 2017, he shall be released 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 1st Additional Sessions Judge-cum- Special judge (POCSO), Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T