Md. Riyaz Khan @ Riyaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44889 of 2019 Arising Out of PS. Case No.-152 Year-2015 Thana- KUMAR KHAND District- Madhepura ====================================================== MD. RIYAZ KHAN @ RIYAZ KHAN Son of Abdul Khan. Resident of Village- Kokraha, Baswari, P.S.- Jadia, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A), 376/34 of the Indian Penal Code.

Though allegation is of kidnapping and commission of rape against the informant by the petitioner, however, the entire incident disclosed by the informant would reveal that she was a consenting party to go along with the petitioner to different places and thereafter performance of marriage with the petitioner. Consequently, she was pregnant from the petitioner.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.44889 of 2019(4) dt.30-09-2019 2/2 bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kumarkhand Police Station Case No.152 of 2015, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T