Arsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45880 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- MAHILA PS District- Katihar ====================================================== ARSAD S/O MANOUWAR HUSSAIN R/o village- Gowal Toli, P.S.- Abadpur, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the informant :

Mr. Anamul Haque, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-03-2022 Heard learned counsel appearing on behalf of petitioner and learned A.P.P. for the State.

Learned counsel appearing on behalf of petitioner is directed to implead the informant as Opposite Party No.2 in course of the day.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 15.03.2021, seeks regular bail in connection with Katihar Mahila P.S. Case No. 10 of 2021, for the offence punishable under Sections 376, 448 and 323 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that he is willing and ready to keep the O.P.No.2 with full honour and dignity, he will also provide all necessary physical as well as monetary requirement to the victim according to her personal choices and wishes. The petitioner is in custody since 15.03.2021 and

Patna High Court CR. MISC. No.45880 of 2021(4) dt.29-03-2022 2/2 may be released on bail.

Sri Anamul Haque, learned counsel appearing on behalf of informant submits that informant/O.P. No.2 is also ready to live with the petitioner on mutually agreed terms.

Having heard the rival submissions, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on provisional bail, for a period of one year, on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Katihar in connection with Katihar (Mahila) P.S. Case No. 10 of 2021 and/or on such terms and conditions which the Court below finds fit and proper.

During the aforesaid period, if no allegation is made against the petitioner, the provisional bail shall be confirmed on such terms and conditions as the Court below may deems fit and proper after one year.

In case the O.P.No. 2 makes any allegation against the petitioner, this order will loose its forced automatically. With the aforesaid observations and directions, this application is disposed of.

(Purnendu Singh, J) manish/- U T