Md. Sadik @ Sadique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38079 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -AMAUR District- PURNIA ======================================================

1. Md. Sadik @ Sadique, Son of Kafil, Resident of Village- Dahuabari, P.S.- Amour, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Amour P.S. Case No. 14/2018, instituted for the offences punishable under Sections 323, 341, 363, 365, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that prior to lodging of this case, son of the informant, namely, Md. Sahil had committed rape with the daughter of petitioner, namely, Bibi Tarannum and the matter was taken by the local people in Panchayati. The daughter of petitioner lodged Complaint Case No. 4/2018 against son of the informant under Section 376 and other Sections of the Indian Penal Code. The son of the informant in

Patna High Court Cr.Misc. No.38079 of 2018 (3) dt.06-08-2018 2/3 order to save himself has already performed marriage with the daughter of petitioner and started living with her as husband and wife. He has also submitted an application before the Chief Judicial Magistrate, Purnea that he was having love affairs with the daughter of petitioner and has performed marriage with her. The instant case has been filed by the informant just to save the skin of his son from Complaint Case No. 04/2018 filed by Bibi Tarannum, daughter of this petitioner.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Amour P.S. Case No. 14/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the

Patna High Court Cr.Misc. No.38079 of 2018 (3) dt.06-08-2018 3/3 petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T