Md. Zakir @ Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13706 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -AMAUR District- PURNIA ====================================================== Md. Zakir @ Zakir, Son of Md. Mohammuddin, resident of village- Gerwa Tol Dahwabari, P.S.- Amour, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Amour P.S. Case No. 141 of 2015, registered under Section 376/34 of the Indian Penal Code.

The accusation is that on the assurance of marriage with the informant, this petitioner used to commit rape since two month. Lastly on 12.08.2015, she was raped by this petitioner in the field then she made complain to her parents. Thereafter, a Panchayati was arranged, but the petitioner and his parents were not ready to perform marriage with the informant without dowry. Learned counsel for the petitioner submits that, in fact, it would appear from the F.I.R. itself that the age of the informant/victim was 18 years at the time of lodging the case as

Patna High Court Cr.Misc. No.13706 of 2016 (2) dt.22-04-2016 2/2 detailed in the F.I.R. on assurance of performing marriage, this petitioner developed physical relationship. Further submission is that, in fact, the parents of the informant wants to perform marriage his daughter with this petitioner and on refusal this false case has been lodged only to put pressure on the petitioner. Further submission is that petitioner having no criminal antecedent is in custody since 01.02.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 141 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T