Md. Yasir Hamid @ Raunak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24015 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -SIRDALA District- NAWADA ====================================================== Md. Yasir Hamid @ Raunak Son of Md. Sharfuddin resident of village - Chobar Takya, P.S. Tankuppa, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sabbi Khatun, D/o Md. Ashraf Hussain, Village - Pasari, P.S. Miskaur, District - Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deep Nishi For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-11-2015 Heard learned counsels for the petitioner, State and the informant.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 313, 493 and 506/34 of the Indian Penal Code.
The prosecution case is that the petitioner established physical relationship with the informant on promise to marry, but subsequently he refused to marry and got pregnancy terminated.
It is submitted by learned counsel for the petitioner that the petitioner was never married with the informant and hence, no offence alleged is made out. There is
Patna High Court Cr.Misc. No.24015 of 2015 (3) dt.23-11-2015 2/2 nothing on record to suggest that the petitioner established physical relationship with the informant.
It is submitted by learned counsel for the informant that the petitioner established physical relationship on promise of marriage and when the informant got pregnant then he got the pregnancy terminated by administering some medicine.
Consider the nature of accusation, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sirdalla (Meskaur) P.S. Case No. 28 of 2015 pending in the court of learned Chief Judicial Magistrate, Nawada. With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T