Patna High CourtCR. MISC./57562/2019bail granted

Md. Faiyaz @ Md. Faiyaz Khan v. The State Of Bihar

2019-09-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57562 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHILA PS District- Jamui ====================================================== MD. FAIYAZ @ MD. FAIYAZ KHAN Son of Late Ajij Khan Resident of Village- Dinnagar, P.S.- Chandradip, District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jamui Mahila P.S. Case No. 18 of 2019 for the offence punishable under Sections 493 and 376 of the Indian Penal Code.

It is alleged in the First Information Report that the petitioner had established physical relationship with her on false assurance of marrying her. It is further alleged that the petitioner and his family members were demanding dowry and the petitioner has solemnized marriage with another girl. Learned counsel appearing on behalf of the petitioner has submitted that no case under Section 376 of the Indian Penal Code can be said to be made out on the basis of what has been alleged in the First Information Report. Considering the facts and circumstances, this

Patna High Court CR. MISC. No.57562 of 2019(2) dt.13-09-2019 2/2 application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 learned S.D.J.M., Jamui, in Jamui Mahila P.S. Case No. 18 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T