Patna High CourtCR. MISC./31944/2014bail granted

Md. Saddam v. The State Of Bihar

2015-02-02Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31944 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -BARSOI District- KATIHAR ====================================================== Md. Saddam Son of Late Abul Kalam Resident of Village - Zamira, Police Station - Barsoi, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Barsoi P.S. Case No. 39 of 2014 registered for the offence under Sections-376, 341, 506/34 of the Indian Penal Code. The statement of informant has been recorded u/S 164 of the Cr.P.C. in which, she admitted that the petitioner gave proposal for marriage to her and at that time, her marriage had already taken place with one Ajimuddin. The informant further stated in her statement that 7-8 months prior to the registration of present case, the petitioner committed rape on her and thereafter, several times, she established physical relationship with the petitioner and furthermore, she stated that she still wants to marry with the petitioner, who also wants to marry with her but her

Patna High Court Cr.Misc. No.31944 of 2014 (2) dt.02-02-2015 family members are not ready for the aforesaid marriage. Considering the statement of the informant, recorded u/S 164 of the Cr.P.C. as well as aforesaid facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barsoi P.S. Case No. 39 of 2014 to the satisfaction of Chief Judicial Magistrate, Katihar subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T