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Patna High CourtCR. MISC./33478/2022allowed

Md. Nasiruddin @ Sonu v. The State Of Bihar

2022-09-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33478 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== MD. NASIRUDDIN @ SONU SON OF MD. SHERFUDDIN @ SARFUDDIN R/O VILLAGE- MUBARAKCHAK, P.S.- MUFASSIL, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagalpur Mahila P.S. Case no. 04 of 2022 instituted for the offence under Sections 376, 420, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner had established physical relationship with the informant on the pretext of marriage to which he later on denied. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner had performed marriage with the informant on 24.07.2022 as per muslim rites and custom and to this effect and joint compromise petition is filed before the learned court

Patna High Court CR. MISC. No.33478 of 2022(2) dt.29-09-2022 2/2 below on 27.07.2022.

It is further submitted by learned counsel for the petitioner that he has filed supplementary affidavit in which he has brought all the facts regarding compromise between the parties followed by their marriage.

Learned counsel for the informant and learned APP appearing for the State have no objection.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhagalpur Mahila P.S. Case no. 04 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U