Md. Nizam v. The State Of Bihar

Patna High Court Cr.Misc. No.6197 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6197 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ====================================================== Md. Nizam, S/o Late Dosad, Resident of Village Bara, P.S. Jokihat, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mahila P.S. Case No. 69 of 2016, registered under Sections 366 and 376 of the Indian Penal Code.

The accusation is that Md. Tasibul, brother of the petitioner, developed the physical relation with informant before six months ago on pretext to perform the marriage. In the meantime, she conceived pregnancy, on which, she asked Md. Tasibul to perform the marriage but Md. Tasibul did not take any heed. On 14.08.2016, at about 8 P.M., Tasibul and his brothers including the petitioner along with Samim, Firja, wife of Tasibul and Soyaba forcibly boarded the informant on Tempo and taken at

Patna High Court Cr.Misc. No.6197 of 2017 (2) dt.07-03-2017 Araria Court Station, from where, she was taken at Katihar but anyhow she succeeded to flee away.

Learned counsel for the petitioner submits that petitioner is brother of co-accused, Md. Tasibul, who is said to be developed the physical relation with the informant on pretext to perform the marriage, due to that reason he has falsely been implicated in this case. It is further submitted that, in fact, marriage of informant has been solemnized with co-accused, Tasibul, brother of petitioner. Further submission is that petitioner is in custody since 14.11.2016.

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 S.D.J.M., Araria, in connection with Mahila P.S. Case No. 69 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

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