Patna High CourtCR. MISC./8338/2016bail granted

Sk. Mobarak @ Sk. Mularak @ Sk. Mubarak Hussain v. State Of Bihar And ANR

2016-02-25Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.8338 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8338 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk. Mobarak @ Sk. Mularak @ Sk. Mubarak Hussain, Son of Sheikh Bhola, resident of Village- Belagachhi, Police Station- Amdabad, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Khatoon, daughter of Sk. Harun resident of Village- Belagchhi, Post- Bairia, Police Station-Amdabad, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 25.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The accusation against the petitioner is that he along with others forcibly took the informant and got her signature on plain paper which was, later on, converted into some valuable documents and while informant was confined by the petitioner and his associates, she was ravished by the petitioner.

Submission on behalf of the petitioner is that informant was in love with the petitioner and, as a matter of fact, she left her home by her own sweet-will and subsequently, solemnized her marriage with the petitioner but later on, when she, again, came in the clutches of her father, she lodged the present case at the behest of her family members. It is further submitted by him that after institution of the

Patna High Court Cr.Misc. No.8338 of 2016 (2) dt.25-02-2016 present case, petitioner filed Matrimonial suit no. 149/2015 in the court of Principal Judge, Katihar. It is also submitted that moreover, parties have already settled their dispute amicably. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Amdabad P.S. Case no. 55/2015.

shahid (Hemant Kumar Srivastava,J) U T