Hamid @ Guddu @ Md. Hamid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35611 of 2020 Arising Out of PS. Case No.-9 Year-2019 Thana- ANDHRATHARHI District- Madhubani ====================================================== HAMID @ GUDDU @ MD. HAMID S/o Hidayatullah Resident of VillageJamaila, P.O.-Madna, P.S.-Andhratarhi, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Abu Haider For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-10-2021 Supplementary affidavit has been filed on behalf of the petitioner today in court. Let it be kept on record. Heard Sri Md. Abu Haider, learned counsel for the petitioner and learned counsel for the informant, Sri Jitendra Kumar Bharti and Sri Satyendra Nr. Singh, APP for the State.

Petitioner is seeking anticipatory bail in Andhratarhi P.S. Case no. 09 of 2019 registered for the offence punishable under section 376 of the Indian Penal Code.

Learned counsel for the petitioner at the outset submits that petitioner is person with clean antecedent. Learned counsel for the petitioner further submits that the

Patna High Court CR. MISC. No.35611 of 2020(5) dt.28-10-2021 2/3 present FIR was instituted by the informant only with a view to force the petitioner to marry her by falsely alleging that she was raped by the petitioner. Learned counsel submits that police after investigation found the case true under section 420 IPC read with 3/4 of the Dowry Prohibition Act, learned counsel for the petitioner has also filed supplementary affidavit today in court, bringing the said fact on record that charge sheet has been submitted under section 420 IPC read with section 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the informant fairly submits that police has not found the case to be true under section 376 IPC but has filed charge sheet dated 30.5.2019 under section 420 IPC read with section 3 and 4 of the Dowry Prohibition Act, as is evident from the supplementary affidavit.

Learned APP for the State also submits that after investigation, charge sheet has been submitted under the aforesaid sections.

Considering the facts in its totality, in the event of arrest/surrender within ten weeks from today, the petitioner

Patna High Court CR. MISC. No.35611 of 2020(5) dt.28-10-2021 3/3 is directed to be released on anticipatory bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jhanjharpur, Madhubani in Andhratarhi P.S. Case no. 09 of 2019 subject to the condition under section 438(2) Cr.P.C.

(Satyavrat Verma, J) s.hassan/- U T