Md. Shahid @ Mithun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12429 of 2017 Arising Out of PS.Case No. -181 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Md. Shahid @ Mithun Son of Md. Shamim, Resident of Mohalla- Khan Mirza, Nimtal, P.S.- Sultanganj, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar @ S.K., Advocate.

For the Opposite Party : Mr. Ashok Kumar Singh 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner seeks bail in Brahampura P.S. Case No. 181 of 2015, registered for the offences punishable under Sections 366 and 376 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The informant filed complaint case on the basis of which the present FIR was lodged. The informant alleged in her complaint petition that the condition of her father was precarious and she used to go along with her father for his treatment. Md. Shahid @ Mithun, the petitioner came in contact with her and on the pretext of marriage, the petitioner established physical relationship with the informant but when the informant asked him to marry the petitioner refused.

Patna High Court Cr.Misc. No.12429 of 2017 (3) dt.08-04-2017 2/2 Learned counsel for the petitioner submits that all the allegations are false and concocted. The petitioner never established any physical relationship with the victim. This case has been lodged only to put pressure so that the petitioner may marry with the victim.

It appears that the victim alleged that the petitioner established physical relationship with her from December, 2014 to April, 2015 but the complaint petition was filed on 12.06.2015. Considering the facts aforesaid and the nature of allegations made against the petitioner and the fact that the victim herself appears to be consenting party, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in Brahampura P.S. Case No. 181 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T