Md. Nazir Ansari @ Md. Nazir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10911 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Md. Nazir Ansari @ Md. Nazir Son of Md. Mofir Ansari @ Md. Mokhir Ansari, R/v Ijarahtha, P.S. - Manigachhi, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 376(n) 504, 506/34 of the Indian Penal Code and Sections 4, 8, 12 of POCSO Act. The accusation against the petitioner is that he established physical relation with the informant on false promise of marriage but later on, the petitioner's father insisted to marry with the informant.

Submission on behalf of the State is that the victim was found aged about between 16-17 years and, therefore, she was minor and even if it assumed that she was a consenting party, then also, her consent does not have any importance.

Patna High Court Cr.Misc. No.10911 of 2016 (2) dt.09-03-2016 2/2 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga in connection with Mannigachhi P.S. Case No. 103 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T