Md. Ehasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33283 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHILA PS District- KATIHAR ====================================================== Md. Ehasan, Son of Sahabuddin, Resident of village- Bairiya, Police Station- Azamnagar, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinay Ranjan, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 07 of 2016 registered under Section 376 of the Indian Penal Code, Section 4 of the POCSO Act and Section 3/4 of the Dowry Prohibition Act.

The accusation is that the marriage of the informant was settled with this petitioner. Thereafter, this petitioner got mobile number of the informant and started talking with her. The petitioner used to visit her house and developed physical relation with her. Later on, the family members of the petitioner demanded Rs. 2,00,000/-, as a dowry, and also told that in case of non-fulfillment of said amount, the marriage would not be performed with this petitioner.

Patna High Court Cr.Misc. No.33283 of 2016 (2) dt.24-08-2016 2/2 Learned counsel for the petitioner submits that, in fact, some dispute arose in between the families of the parties at the time of settlement of marriage and due to that reason, the present case has been lodged. Further submission is that now the marriage of the petitioner has been performed with the informant. On 27.02.2016, informant has stated, in her statement recorded under Section 164 Cr.P.C., that marriage has been performed with this petitioner and she is living with him with full pleasure and dignity.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Katihar in connection with Mahila P.S. Case No. 07 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J.) manish/- U T