Patna High CourtCR. MISC./36771/2016bail granted

Md. Parbej v. The State Of Bihar

2016-10-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36771 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Md. Parbej s/o Md. Jabbar, R/o Village- Murli Tola, Fakira Chak, P.SSalkhua, O.P. Banma Ithari, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 376, 504 and 506/34 of the I.P.C.

Allegation is that the petitioner on the pretext of marriage established physical relationship with the informant for the last three years. Thereafter the petitioner solemnized marriage with another girl. The informant went to the house of the petitioner, then the accused persons including the petitioner also abused and assaulted her and told that on payment of Rs.2 lacs as dowry they will accept her as bridge and threatened her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.6.2016 and the charge sheet has

Patna High Court Cr.Misc. No.36771 of 2016 (3) dt.26-10-2016 2/2 been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. On the pretext of marriage, the petitioner is alleged to have established physical relationship for the last three years. Subsequently on his denial the present prosecution has been instituted against him. The petitioner denies any physical relationship with the victim. He has falsely been implication in the present case for oblique reasons. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Sri Lalan Jee, Judicial Magistrate, Saharsa in connection with Mahila P.S. case No.61 of 2015.

(Sudhir Singh, J) Narendra/- U T