Md. Javed @ China @ Chino @ Md. Javid China v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49345 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== MD. JAVED @ CHINA @ CHINO @ MD. JAVID CHINA, son of Shakeel @ Mango, Resident of Village - Saidpur West Tola, P.S.- Matihani, District - Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Matihani P.S. Case No.11 of 2018 instituted for the offence under Section(s) 376, 420, 341, 323, 504, 506/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Counsel for the petitioner submits that from the impugned order it is apparent that both informant and petitioner have performed marriage. Compromise Petition has also been filed in the Court below which has been enclosed as Annexure2. In the written report, it is alleged that petitioner established physical relationship with the informant on the
Patna High Court CR. MISC. No.49345 of 2019(2) dt.16-08-2019 2/2 pretext of performing marriage with her. The informant became pregnant. Later on, petitioner did not perform marriage. From Annexure-2, it is apparent that compromise has taken place and both the parties have performed marriage. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Begusarai, in connection with Matihani P.S. Case No.11 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J) J. Alam/- U T