Amir Sohail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64754 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- BARSOI District- Katihar ====================================================== Amir Sohail Son of Md. Masud Tailor, Resident of Village- Sultanpur Abdal Toli, P.S. Barsoi, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barsoi P.S. Case No. 158 of 2018, registered for the offence punishable under Sections 376 and 506/34 of the Indian Penal Code.

The allegation in the present case is regarding the petitioner having established physical relationship with the informant on the pretext of marrying the informant, however, he did not marry the informant resulting in lodging of the present case.

The learned counsel for the petitioner submits that the informant is a consenting party, hence, the offence as alleged is not made out. The learned counsel for the petitioner has further submitted that the petitioner had approached this

Patna High Court Cr.Misc. No.64754 of 2018(4) dt.11-12-2018 2/2 Court for grant of anticipatory bail, however, this Court while rejecting the prayer for anticipatory bail had directed the petitioner to surrender and make prayer for regular bail, whereafter the petitioner had surrendered in obedience of the orders of this Court, since then i.e. 24.08.2018, the petitioner is languishing in custody. Lastly, the learned counsel for the petitioner has submitted that the informant herself has stated in the F.I.R. that she was having a love affair with the petitioner since past three years and when the petitioner did not marry her, she has filed the present case.

The learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Katihar in connection with Barsoi P.S. Case No. 158 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U