Md. Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29395 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== MD. FAROOQUE Son of Md. Firoz @ Firoz Alam Resident of Village - Banauli, P.S.- Simri, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shama Sinha, Adv For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363 and 366(A) of the Indian Penal Code registered in connection with Simri P.S. Case No. 152/2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact it is a case of love affair between the petitioner and the informant's daughter, the latter being a Muslim girl having attained puberty was entitled to marry of a person of her choice without consent of her parents. The victim girl has stated in her deposition recorded under Section 164 Cr.P.C. that she has voluntarily accompanied the petitioner and solemnized marriage with him in Mumbai. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM, Darbhanga, in connection with

Patna High Court CR. MISC. No.29395 of 2019(3) dt.25-07-2019 2/2 Simri P.S. Case No. 152/2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(v) That the petitioner shall produce his wife (the informant's daughter) before the learned Court below at the time of surrender.

(Vikash Jain, J) Chandran/- U T