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Patna High CourtCR. MISC./32916/2015bail granted

Md. Imran @ Md. Imran Ansari v. State Of Bihar And ANR

2015-08-19Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32916 of 2015 Arising Out of PS.Case No. -314 Year- 2014 Thana -AMAUR District- PURNIA ====================================================== Md. Imran @ Md. Imran Ansari Son of Md. Nazir Ansari, Resident of Village - Basantpur, Police Station - Amour, District - Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Azmat Khatoon Daughter of Md. Zakir Ansari, Wife of Md. Imran Ansari, Resident of Village - Basantpur, Police Station - Amour, District - Purnia.

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 323, 149, 315, 376, 380, 452, and 504 of the Indian Penal Code and Section 6 of the POCSO Act.

Learned counsel for the petitioner submits that on the assurance made by the petitioner that he would be marrying the girl in question, the petitioner had, in fact, co-habited with the informant resulting in pregnancy but on refusal of marriage as decided by the Panches, the present case was lodged. However, it is submitted that the petitioner and the lady in question are now married as per Annexure-3 and are now living as husband and

Patna High Court Cr.Misc. No.32916 of 2015 (2) dt.19-08-2015 P2/2 wife.

Learned counsel for the informant submits that now there is no dispute between the parties and as such in view of the Nikahnama, he has no objection if the petitioner is extended the benefit of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner Md. Imran, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Purnea in connection with Special Case No. 09 of 20015.subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U