Md. Imtiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54600 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== MD. IMTIYAZ Son of Md. Saheb Jan @ Sahebjan Resident of VillageIdgahtol, P.S.- Jay Nagar, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-02-2020 Heard the parties.
The petitioner seeks regular bail in connection with Jay Nagar P.S.Case no.113 of 2019, G.R.No.18 of 2019 registered for offences punishable under Sections 420, 376 and 504/34 of the Indian Penal Code read with Section 12 of the POCSO Act.. Petitioner is said to have made physical relationship with the victim girl on the pretext of marriage and when he was getting married with another girl, the victim informed about the same to his father and mother. She is said to be minor. Submission of the learned counsel for the petitioner is that the victim was major, which will appear from Annexure 2 that is report of the Medical Board and even according to the FIR, there was consensual relationship between the parties and
Patna High Court CR. MISC. No.54600 of 2019(5) dt.06-02-2020 2/2 the mother of the victim girl has also accepted the same that she has never objected to the same.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 the learned 1st Addl. Sessions Judge cum Special Judge (POCSO) Act, Madhubani in connection with Jay Nagar P.S.case No.113 of 2019 G.R.No.18 of 2019 with condition to co-operate in the disposal of the trial. With the above direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T