Md. Ujale v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29177 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -MAHILA P.S. District- SITAMARHI ======================================================
1. Md. Ujale S/o Shah Mohammad, R/o Vill.- Mujia Chainpur, P.S.- Patahin, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Belsand(Sitamarhi) Mahila P.S. Case No.53 of 2017 / G.R. No.3303/17 arising out of Complaint Case No.1074/17 registered for the offences under Sections 323, 324, 341, 376, 307, 504 and 34 of I.P.C.
Accusation is that on 26.6.2017 the petitioner developed physical relation with the daughter of the informant, namely, Salma Khatoon with the help of Soni Khatoon on the pretext of performing marriage. When the informant Nasima Khatoon came
Patna High Court Cr.Misc. No.29177 of 2018 (2) dt.10-05-2018 2/3 to know about committing rape at her daughter panchayati was arranged but the petitioner refused to marry. It is further alleged that the accused persons including the petitioner abused the informant and assaulted Sk.Quium with intent to kill him. They also assaulted the family members of the informant. At that time Samina Khatoon gave dabia blow on the head of the daughter of the informant.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the complainant/informant wanted to get her daughter married with the petitioner but the family members of the petitioner were not ready to perform the marriage of the petitioner with the daughter of the informant due to the reason Complaint Case NO.1074/17 was filed on 4.7.2017 in the court of C.J.M., Sitamarhi, with respect to the offence committed by the petitioner on 26.6.2017 which is the basis of the F.I.R.. Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M.,
Patna High Court Cr.Misc. No.29177 of 2018 (2) dt.10-05-2018 3/3 Sitamarhi, in Belsand (Sitasmarhi) Mahila P.S. Case No.53 of 2017 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) AnilKrSinha/- U