Allauddin Shaufi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49124 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Allauddin Shaufi, S/o Rojid Miyan, Resident of Village- Bharpatia, P.S.- Manuapul, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Tamanna Khatoon, D/o Atiullah Shaufi, Resident of Village- Mahuawa Madarsa, P.S.- Jagdishpur, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Nautan (Jagdishpur) P.S.Case No.98 of 2018 registered for offences punishable under Sections 376, 505, 506 & 120(B) of the Indian Penal Code and Section 4 of POCSO Act. Allegation against the petitioner is of committing rape upon the informant.
Submission of the learned counsel for the petitioner is that good sense has been restored between both the parties and they have married and living together.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.49124 of 2018 (2) dt.27-08-2018 2/2 circumstances, as stated above, this application is disposed of with direction to the learned court below to release the petitioner on provisional bail in connection with Nautan (Jagdishpur) P.S.Case No.98 of 2018 to his own satisfaction and issue notice to the informant and make enquiry about the fact that the informant has married with the petitioner and living with him and if it is so he will confirm the bail bond of the petitioner otherwise he is free to pass any other order or orders which may be deemed fit and proper.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T