Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45408 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -MAHILA PS District- AURANGABAD ======================================================
1. Md. Irfan S/o Ali Asgar, R/o Vill.- Fida Bigha, P.S.- Rafiganj, DistrictAurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Mahila P.S.Case No. 13 of 2018, registered for offences punishable under Sections 448, 376 and 323/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is of committing rape upon the informant.
Submission of the learned counsel for the petitioner is that earlier also the informant had lodged a case against the petitioner as Rafiganj P.S.Case No. 186 of 2017 in which she has accepted about the love affairs with the informant and the case was compromised between the party, which will appear from Annexure-3. It is also submitted that the petitioner is a major lady
Patna High Court Cr.Misc. No.45408 of 2018 (2) dt.02-08-2018 2/2 and she was interested for getting the marriage with the petitioner but the marriage of the petitioner has already solemnized with another lady.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Aurangabad in connection with Mahila P.S.Case No. 13 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T