Patna High CourtCR. MISC./4384/2017bail granted

Mohsin And ORS v. The State Of Bihar

2017-02-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4384 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Mohsin, son of Suleman

2. Mahfuj, son of Mohsin

3. Maksood, son of Mohsin All residents of village-Arraha, P.S.-Forbesganj, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in Araria Mahila P.S. Case No.83 of 2016 instituted for the offence under Sections 376 and 504/34 of the Indian Penal Code. It is alleged that one Md. Murgub committed rape with informant Rizwana Khatoon, aged about 16 years. It is further alleged that thereafter he established physical relationship with her for seven months on the pretext of marriage on account of which she became pregnant and thereafter he avoided to marry. The petitioners are said to be the father and brother of aforesaid Md. Murgub.

There is no allegation of any over act against the

Patna High Court Cr.Misc. No.4384 of 2017 (2) dt.10-02-2017 petitioners. Therefore, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Araria Mahila P.S. Case No.83 of 2016, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Arvind/- U T