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Patna High CourtCR. MISC./23768/2017disposed

Md. Muzammil @ Muzammil v. The State Of Bihar

2017-05-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23768 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Muzammil @ Muzammil, son of Shafique Alam, resident of village Gorumara, P.S. Kodhobari, District Kishanganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bahadurganj P.S.Case No. 234 of 2016, corresponding to G.R.No. 1828 of 2016, registered for the offences punishable under Sections 376, 313 and 511 of the Indian Penal Code. Allegation against the petitioner is that he has committed rape upon the informant on the pretext of marriage. Further allegation is that when she became pregnant petitioner gave her some medicine and after taking the medicine fetus was destroyed and petitioner was not ready to marry her. It has been submitted on behalf of the petitioner that informant was consenting party and furthermore informant has married the petitioner and they are living happily. Heard learned APP also.

Patna High Court Cr.Misc. No.23768 of 2017 (2) dt.19-05-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, this application is being disposed of with the direction to the court below to get the informant examined and enquired about the fact that she has married or not and on its satisfaction bail shall be granted to the petitioner. (Vinod Kumar Sinha, J) spal/- U