Hasnain @ Dukhawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9450 of 2018 Arising Out of PS.Case No. -29 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Hasnain @ Dukhawa, S/o Md. Kamruddin, Resident of Village-Bakatpur P.S. Piprahi, District Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamina Khatoon, daughter of Babuddin, resident of village Bakatpur, P.S. Piprahi, Distt. Sheohar.

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

For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 The petitioner apprehends his arrest in Sheohar Mahila P.S. Case No. 29 of 2017 instituted for the offence under Sections 376(2) (i), 323, 341, 448, 504, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act.

The victim girl and petitioner are present in Chamber along with their respective counsels. The parents of the petitioner are also present.

The victim girl and petitioner have stated that they have performed marriage and now both are living as husband and wife. The victim girl has stated her age to be 18 years. Learned counsel for the informant has submitted that in the Aadhar Card of the victim girl, the year of birth is

Patna High Court Cr.Misc. No.9450 of 2018 (4) dt.23-04-2018 2/2 mentioned as 1999.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sheohar Mahila P.S. Case No. 29 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1 cum Special Judge, Sheohar, Distt. Sheohar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T