Md. Kalimullah @ Tabrez v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53013 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAHILA PS District- DARBHANGA ====================================================== Md. Kalimullah @ Tabrez, S/o Md. Hamiduzzoha, R/o MohallaMaulaganj, Ward No. 28, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Anwar Karim, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP For the Informant : Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Darbhanga Mahila P.S. Case No.08 of 2018 instituted for the offence under Section(s) 498-A, 376, 504 Indian Penal Code.
The informant has alleged in the written report that she is aged about 27 years. She was employed in the Nursing Home. She has developed intimacy with this petitioner for the last three years. The petitioner established physical relationship with her on the pretext of performing marriage with her but finally he did not perform marriage. It is further alleged that on pressure he performed marriage on10.04.2017 as per Muslim
Patna High Court Cr.Misc. No.53013 of 2018 (4) dt.27-09-2018 2/3 rites and customs, but he used to give threat to the informant. Counsel for the petitioner submits that informant is a married lady aged about 27 years. She has filed instant case only to give pressure to perform marriage with her. It is further submitted that Nikhanama dated 20.07.2017 was later on cancelled by Imarat Shariah, Phulwarisharif, Patna, vide Annexure-9.
Counsel for the informant has appeared and opposed the prayer for bail. It is submitted that informant was sexually exploited.
This Court after looking into allegation in the written report finds that informant is major and even the allegation of establishing physical relationship is taken to be true, it appears that it continued for three years and, therefore, it appears to be relationship with consent.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Darbhanga, in connection with Darbhanga Mahila P.S. Case No.08 of 2018, subject to the condition that both the
Patna High Court Cr.Misc. No.53013 of 2018 (4) dt.27-09-2018 3/3 bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.
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