Faijul Islam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6421 of 2017 Arising Out of PS.Case No. -72 Year- 2015 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Faijul Islam, S/o Late Md. Gulab, resident of Village- Rajo, P.S.- Singhwara, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Subuhi Khatoon, W/o Faijul Islam, resident of Village- Rajo, P.S.- Singhwara, District- Darbhanga. at present Subuhi Khatoon, D/o Md. Shabbir, resident of Village- Rasoolpur, P.S.- Bahadurpur, DistrictDarbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Darbhanga Mahila P.S. Case No. 72 of 2015, registered for offences punishable under Sections 323, 379, 354(A), 498(A)/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that even from the allegation, it will appear that the petitioner was not living with the informant-opposite party no. 2 and though there is allegation of outraging the modesty of informant-opposite party no. 2, that is against the nandoshi and as such there is nothing against the petitioner.

Patna High Court Cr.Misc. No.6421 of 2017 (4) dt.21-03-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner was not living with the informant-opposite party no. 2 and no specific allegation has been levelled againt him, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 72 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.6421 of 2017 (4) dt.21-03-2017 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T