Md. Saddam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2028 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- BARH District- Patna ====================================================== MD. SADDAM SAH, son of Rustam Sah Resident of Village- Akbarpur, P.S. Badh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-05-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 376/420 of the Indian Penal Code.

Informant is a divorcee as well as mother of two children. She claims that after divorce she fell in love with the petitioner and both were in physical relationship, but the petitioner who had promised for marriage, refused to marry with her. Petitioner is in custody since 08.06.2020. Investigation of the case is already complete.

Considering the fact that the prosecutrix was in consensual relationship with the petitioner knowing well about the consequence of her relationship, hence let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.2028 of 2021(3) dt.21-05-2021 2/2 Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barh P.S. Case No. 199 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T