Azizur Rab @ Ginni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42879 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -MAHILA PS DistrictDARBHANGA =====================================

1. Azizur Rab @ Ginni, Son of Late Zeyaru Rab @ Rezaur Rab, Resident of Village- Kumhrauli, P.S.-Kamtaul, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Darbhanga Mahila P.S. Case No. 60 of 2015, disclosing offences under Sections 323, 376, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that even if the allegation, as made in the First Information Report, is treated to be true, it can be maximum said that the relationship between the petitioner and the informant

Patna High Court Cr.Misc. No.42879 of 2016 (2) dt.21-10-2016 2/2 was consensual in nature.

I find substance in the submission so advance on behalf of the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Mahila P.S. Case No. 60 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T