Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1455 of 2018 Arising Out of PS. Case No.-75 Year-2016 Thana- MAHILA P.S. District- Madhubani ====================================================== Md. Yusuf, son of Md. Yunus, resident of Village- Bhaguti, Police StationBisfi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Madhubani Mahila P.S. case no. 75/2016 instituted for the offence under Section(s) 341, 323, 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

It is alleged in the written report that petitioner on the pretext of performing marriage with informant committed illegal act with her for last four months several times but finally refused to marry her and while informant made request for marriage then petitioner and his family members also refused the marriage and assaulted by fists and slaps. A panchayati was also held but the petitioner did not hear to the panchayati. The victim girl has given statement under Section

Patna High Court Cr.Misc. No.1455 of 2018(4) dt.24-04-2018 2/2 164 Cr. P.C which is available in the case diary wherein she has stated similar thing.

Learned counsel for the petitioner has submitted that a compromise petition has been filed in this case. Considering the specific allegation against the petitioner in the written report and the statement of the victim girl recorded under Section 164 Cr. P.C. wherein she has levelled specific allegation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected. Petitioner is directed to surrender in the Court below within a period of four weeks and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law after taking into consideration that compromise has taken place between the parties without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T