Patna High CourtCR. MISC./18838/2016bail granted

Md. Jiyaul @ Md.Jaul v. The State Of Bihar

2016-05-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18838 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Md. Jiyaul @ Md. Jaul, Son of Abdul Salam, R/o village - Mirjapur, P.S. Bajpatti, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bajpatti P.S. Case No. 16 of 2016, disclosing offences under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that no offence under Section 376 of the Indian Penal Code is made out on the basis of allegation as contained in the complaint petition, which is the basis for registration of the First Information Report. He has submitted that the physical relationship as alleged in the complaint petition, if any, is consensual in nature. I find substance in the submission made on behalf of the petitioner. This application is allowed.

Patna High Court Cr.Misc. No.18838 of 2016 (2) dt.05-05-2016 2/2 Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 16 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T