Patna High CourtCR. MISC./52012/2016bail granted

Md. Qudus v. State Of Bihar And ANR

2016-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52012 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -AMAUR District- PURNIA ======================================================

1. Md. Qudus, S/o Razid, resident of Village- Sakama, P.S.- Amour, DisttPurnea .... Petitioner

Versus

1. The State of Bihar

2. Lilo @ Lili Khatoon W/o Md. Qudus, resident of Village- Sakania, P.S.- Amour, Distt- Purnea .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Mallick, Adv. For the Opposite Parties : Mr. Dinesh Singh, APP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 376 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act. Allegation is that the petitioner, at the point of pistol, committed rape against the informant, Lili Khatoon, aged about 16 years.

Submission of the petitioner is that the matter was love affairs and both have already married.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within six weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 41 of 2015 arising out of Amour P.S. Case No. 134 of 2015 to the satisfaction of the Additional Sessions Judge I-cum-Special Judge, Purnea, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal

Patna High Court Cr.Misc. No.52012 of 2016 (2) dt.21-12-2016 Procedure Code.

The Court below shall verify after taking statement of the complainant on affidavit or on oath that marriage has been solemnized and on satisfaction Court below accept the bail bond of the petitioner.

(Birendra Kumar, J) SA/- U √ T √