Md. Tufail @ Tufail Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53491 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== Md. Tufail @ Tufail Ahamad Son of Rasul Miya Resident of Village- Belwa, P.S.- Adapur, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Umesh Chandra Verma For the Opposite Party :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Adapur P.S.Case No. 95 of 2019 registered under Sections 341, 323, 376, 504 and 506 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the ingredients of Section 376 of the Indian Penal Code are completely missing in the instant case. From the FIR itself it would be manifest that the victim is a divorcee. She is major and out of her own sweet-will she established physical relationship with the petitioner. The only grievance in the FIR raised by the informant is that the petitioner is not marrying her even though he had promised earlier in this regard. Learned counsel for the State opposed the application
Patna High Court CR. MISC. No.53491 of 2019(4) dt.16-11-2019 2/2 for grant of pre-arrest bail. However, he conceded that the informant is major and she had established physical relationship with the petitioner out of her own sweet-will. Regard being had to the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Adapur P.S. Case No. 95 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T