Md. Aftab @ Md. Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1652 of 2017 Arising Out of PS.Case No. -17 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== Md. Aftab @ Md. Aftab Alam Son of Md. Faiyaz, resident of Jamni Tola, P.O. & P.S. Jagdishpur, Dist.-Bhagalpur, Bihar, .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Gulafshan W/O Md. Aftab Alam, resident of Kheri O.P. Bandh, P.O. & P.S. Jagdishpur, District- Bhagalpur, Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bhagalpur Mahila P.S. Case No. 17 of 2014/ G.R. No. 1016 of 2014 for the offences punishable under sections 376, 420, 307 and 34 of the I.P.C. Earlier prayer for pre-arrest bail of the petitioner was refused by order dated 16.09.2014 passed in Cr. Misc. No. 28104 of 2014 and now the petitioner again sought the same relief on the ground that good sense has prevailed between the parties and the informant is living with the petitioner as his wife and as such the
Patna High Court Cr.Misc. No.1652 of 2017 (7) dt.03-04-2017 2/2 petitioner deserves sympathetic consideration. The learned counsel for the informant also submits that the informant is living with the petitioner as his wife. In the facts and circumstances as stated above, the petitioner is directed to surrender in the court below and seek regular bail then his prayer for regular bail will be considered in the light of the development that the petitioner has performed marriage with the informant and the informant and petitioner are living together and in the light of the aforesaid situation the petitioner shall be released on bail to the satisfaction of the learned court below itself.
Accordingly, this Criminal Miscellaneous is hereby disposed of.
(Jitendra Mohan Sharma, J) Abhay/- U T