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Patna High CourtCR. MISC./70463/2019bail granted

Md. Parwez Alam @ Md. Parwez @ Perwez v. The State Of Bihar

2019-11-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70463 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== MD. PARWEZ ALAM @ MD. PARWEZ @ PERWEZ, aged about 21 years, Male, Son of Late Md. Kashim, Resident of Village-Patilabhasha, P.SPothiya, District-Kishanganj ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Nakhasata Begum, aged about 18 years, Female, D/o Kusiyari P.S.-Pothiya, District-Kishanganj ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Radha Mohan Singh, Adv.

For the Opposite Parties :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kishanganj Mahila P.S. Case No. 23 of 2019 registered under Sections 323, 341, 504 and 376 of the Indian Penal Code. The accusation is that petitioner developed the physical relation with informant on assurance to perform the marriage and continued the physical relation about three years. In the meantime, parents of the informant came to know about love affairs of the petitioner and the informant, then, parents of the informant reached in the morning of 08.05.2019 at the house of the petitioner and made proposal of marriage, but, parents of the informant were abused and assaulted and the petitioner

Patna High Court CR. MISC. No.70463 of 2019(2) dt.18-11-2019 2/2 refused to perform marriage.

Submission is that in fact, money was given by the father of the petitioner to the father of the informant, but, the said money was not returned, thereafter, Md. Kashim, father of the petitioner filed the Complaint Case No. 395 of 2019 against the father and mother of the informant, due to that reason, the present case has been lodged.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kishanganj Mahila P.S. Case No. 23 of 2019 shall 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 Chief Judicial Magistrate, Kishanganj, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T