Md. Ashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.131 of 2018 Arising Out of PS. Case No.-6 Year-2017 Thana- MAHILA P.S. District- Saharsa ====================================================== Md. Asif, Son of Md. Sabih @ Md. Sabihuddin, resident of village Hareba, P.S. Salkhua District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Saharsa Mahila P.S. Case No. 06 of 2017 for offences under Sections 341, 323, 376, 504, 506 and 34 of the Indian Penal Code and Section 4 of POCSO Act.

In this case vide order dated 15.01.2018 case diary was called for to ascertain whether the petitioner joined the wedlock of the complainant or not.

Mr. Diwakar Pd. Singh, learned counsel for the petitioner submits that not only the petitioner has joined wedlock with the complainant but out of their wedlock there is an offspring also. Mr. Damodar Prasad Tiwary, learned APP appearing on

Patna High Court Cr.Misc. No.131 of 2018(3) dt.27-02-2018 2/2 behalf of the State, on perusal of the case diary, admits the fact that the petitioner and the complainant have entered into Nikah. In that view of the matter, let the petitioner, above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Saharsa in connection with Saharsa Mahila P. S. Case No. 06 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T