Md. Azam Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6329 of 2015 Arising Out of PS.Case No. -151 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Md. Azam Raza Son of Md. Idrish, R/O Village- Dumra Brahmpur, P.S. Dagaruwa, Purnia .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

12-03-2015.

Heard both sides.

Petitioner seeks bail in a case under Section 376 and other sections of the IPC and section 3⁄4 of the Dowry Prohibition Act.

Father of the victim girl alleged that the petitioner is maternal brother of his second wife. On 28.8.2013, the petitioner stayed at the house of the informant and committed rape with his daughter. Thereafter marriage of victim girl and petitioner was solemnised but the petitioner demanded dowry and did not keep his daughter.

It is submitted that the allegations are concocted. The petitioner was forcibly married with the daughter of the informant and for that the petitioner filed Matrimonial Case No.193 of 2013 before filing of the present case.

Learned counsel for the informant as a well as the State vehemently opposed the prayer for bail.

Patna High Court Cr.Misc. No.6329 of 2015 (3) dt.12-03-2015 It appears that in retaliation of the matrimonial case, the present case has been lodged.

Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail 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, Purnea in connection with Purnea Sadar P.S.Case No.151 of 2014.

(Prabhat Kumar Jha, J.) ahk/- U T