Tashamuddin @ Bhagelu @ Kitabuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28594 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tashamuddin @ Bhagelu @ Kitabuddin, S/o Asagar Ali @ Asagar Miyan, R/o Vill.- Santghat, P.S.- Bairiya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ishmahamad Miya, son of Alim Miya, resident of village-Parsa Bapu Tola, P.S.-Manjhauliya, District-West Champaran.
3. Ful Jahan Khatoon, D/o Ish Mahamad Miya, resident of village-Parsa Bapu tola, P.S.-Majhauliya, District-West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Jeet, Adv. For the State : Mr. Pramod Kumar Pandey, APP For the Informant : Mr. Vinod Gautam, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner, learned counsel representing the informant as also the State. The petitioner, in the present case, is seeking regular bail in connection with Majhaulia P.S. Case No. 16 of 2017, registered for offences alleged under Sections 366(A)/34 of the Indian Penal Code.
The informant is himself present in the Court along with his lawyer and submits that the victim girl has already married to this petitioner and is living with the family of her husband. The informant submits that he has now no grievance with the petitioner
Patna High Court Cr.Misc. No.28594 of 2018 (3) dt.04-07-2018 and he is willing to support the marriage.
The victim girl is also present in the Court and in course of interaction with the Court she categorically submits that even though the FIR was lodged by her father earlier, she has no complaint with the petitioner and having performed Nikah with him, she is living in the family of the petitioner with full love and affection.
Since, both the parties are present and have jointly prayed that in the given circumstances the continued detention of the petitioner in jail would not be just and proper, this Court is willing to accept the submissions of the parties in the facts of the case for the purpose of bail.
Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 16 of 2017, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T