Md. Ibrul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61543 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Md. Ibrul, S/o Md. Janka @ Nawajuddin, R/o Marua Toli, P.S. and DistrictKishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kishanganj Mahila P.S. Case No. 13 of 2017 instituted for the offence under Sections 376, 313, 323, 504, 506/34 of the Indian Penal Code and Sections 4/6 of POCSO Act.
Learned counsel for the petitioner has submitted that victim girl is major. She has love affairs with this petitioner which would be apparent from her statement recorded under Section 164 Cr. P.C. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 wherein she has stated that she has love affairs with this petitioner and he established physical relationship with her several times on pretext to marrying her and she became pregnant. It has further been submitted that on Panchayti marriage of the informant was performed with this petitioner. Petitioner went to
Patna High Court Cr.Misc. No.61543 of 2017 (3) dt.19-01-2018 2/2 Delhi leaving her alone and now She wants to live with him. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kishanganj Mahila P.S. Case No. 13 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act), Kishanganj, subject to the conditions as laid down under Section 438
(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T