Istiyak @ Istiyak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66941 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MAHILA P.S. District- Kishanganj ====================================================== Istiyak @ Istiyak Alam, son of Shah Alam, resident of village- Idgah Tola, Bhoradah, Ward No.9, Police Station Bahadurganj, Distt.-Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kishanganj Mahila P.S. Case No.43 of 2018 instituted for the offence under Section(s) 376, 147, 448, 354, 323, 504, 506/34 Indian Penal Code. Counsel for the petitioner submits that victim is a married lady. In the written report, she has alleged that she established physical relation with this petitioner for last one year on the plea that this petitioner will marry her after getting divorce from her husband.

From the written report itself, it is clear that victim had entered into physical relation with petitioner on her own consent.

Petitioner is in custody since 14.08.2018.

Patna High Court Cr.Misc. No.66941 of 2018(2) dt.22-11-2018 2/2 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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Kishanganj Mahila P.S. Case No.43 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T