Patna High CourtCR. MISC./27608/2022bail granted

Atahar Khan @ Akhtar Khan v. The State Of Bihar

2023-01-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27608 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- MAHILA PS District- Katihar ====================================================== ATAHAR KHAN @ AKHTAR KHAN S/o Sahid Khan Resident of Village - Kutubpur, P.S. Manihari, Dist. Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh Mr. J. N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant and also heard Mr. J. N. Thakur, the Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Katihar (Mahila) P.S. Case No. 11 of 2021 registered for offence punishable under sections 376, 341, 194, 195, 323, 464, 469/34 of the Indian Penal Code.

The learned counsel for the informant and the learned counsel for the petitioner have jointly submitted that there is allegation against the petitioner that he has committed rape upon

Patna High Court CR. MISC. No.27608 of 2022(3) dt.24-01-2023 2/2 the victim, but both the parties have solemnized their marriage and they have also child out of their wedlock. This fact has been mentioned in paragraph 4 of the counter affidavit. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-POCSO, Katihar (I/C) in connection with Katihar (Mahila) P.S. Case No. 11 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. The learned court below is directed to expedite the trial.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T