Md. Ajaj @ Md. Ajaj Hussain @ Kaushar @ Md. Ezaz Hussain @ Md. Ezaz @ Md. Kaisher v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12783 of 2017 (3) dt.24-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12783 of 2017 Arising Out of PS.Case No. -27 Year- 2016 Thana -MAHILA P.S. District- MUNGER ====================================================== Md. Ajaj @ Md. Ajaj Hussain @ Kaushar @ Md. Ezaz Hussain @ Md. Ezaz @ Md. Kaisher, son of Late Md. Kalam Hussain @ Kallu, resident of Village/Mohalla- Khalasi Muhalla Ward No.23, Police Station- Jamalpur, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Roshan Aara, D/o Md. Yakub, resident of Village/Muhalla- Keshopur Lakri Gola, Police Station- Jamalpur, District- Munger. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 27 of 2016, registered under Sections 376, 419 and 420/34 of the Indian Penal Code.

The accusation is that petitioner developed physical relation with the informant on assurance to perform the marriage. On giving pressure of the informant to perform the marriage, petitioner did not take any heed then informant also asked to the mother of the petitioner, who also assured to perform the marriage. In the meantime, petitioner withdraw Rs.39,000/- from

Patna High Court Cr.Misc. No.12783 of 2017 (3) dt.24-04-2017 her account after knowing PIN Code of her ATM Card and later on, petitioner refused to perform marriage with her. Learned counsel for the petitioner submits that family members informant tried to perform the marriage of informant with the petitioner but petitioner and his family members refused due to that reason the present false case has been lodged only to give undue pressure. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Mahila P.S. Case No. 27 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T