Sk. Ejajul @ Kari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4524 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sk. Ejajul @ Kari, Son of Late Mahmood, resident of Village- Daniyal Parsauna, P.S.- Sathi, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 10-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sathi P.S. Case No.133 of 2016 registered under Sections 341, 342, 323, 379, 457, 376, 511, 498, 504 and 506/34 of the Indian Penal Code.
The allegation of the informant Zarina Khatoon is that on 29.09.2016 in the night, when she was sleeping at her house, at about 11.00 P.M., the petitioner entered into her house and started to unfold her clothes. When the informant woke up, the petitioner tied her mouth through Gamchcha and dashed her from the bed and attempted to commit rape on her. On the alarm raised by the
Patna High Court Cr.Misc. No.4524 of 2017 (5) dt.10-10-2017 2/3 informant, her son Shamshad Woke up and, thereafter, the petitioner fled away from her house. Regarding the aforesaid occurrence, the informant gave information to her neighbours and she alongwith some neighbours went to the house of the petitioner to make complaint but the petitioner tied the informant and assaulted her and saying her characterless lady, performed her Nikah with the son of her cousin sister, namely, Karutulain, aged about 14 years, and kept her confined. Such activities of the petitioner were supported by the other F.I.R. named accused. Learned counsel appearing on behalf of the petitioner submits that, in fact, Sk. Bechu, the son of the co-accused Sk. Rauf, divorced the informant.
Thereafter, the informant used to lead her life with Karutulain upon which the villagers of the informant including the petitioner gave pressure upon the informant to return the children of Sk. Bechu and to perform the Nikah with Karutulain, due to that reason the informant became annoyed and lodged the present case against the petitioner, Sk. Rauf, the father of her Ex-husband Sk. Bechu, and others. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.4524 of 2017 (5) dt.10-10-2017 3/3 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, DistrictWest Champaran, in connection with Sathi P.S. Case No.133 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T