Anwar Alam @ Md. Anwar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51983 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Anwar Alam @ Md. Anwar Alam, son of Late Amir Hazma, resident of Bheriadangi, Police Station- Kishanganj, District- Kishanganj. .... .... Petitioner.
Versus
1. The State of Bihar.
2. Josnara Khatoon, daughter of Late Mahtabuddin, resident of Bheriadangi, Police Station-Kishanganj, District-Kishanganj. .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr. Dilip Kumar Singh, Advocates For the State : Mr. Chandrasen Prasad Singh, A.P.P. For the Informant/O.P. No.2 : Mr. Firoz Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 03-08-2017 The petitioner and the informant/opposite party no.2 are present before this Court with their respective learned counsel. Heard.
The petitioner apprehends his arrest in connection with Kishanganj Mahila P.S. Case No.19 of 2016 registered under Sections 341, 323, 376, 504 and 506/34 of the Indian Penal Code. The accusation is of committing rape on the informant by this petitioner on the pretext of performing the marriage but, later on, the petitioner refused to perform the marriage with the informant/opposite party no.2.
Learned counsel appearing on behalf of the petitioner
Patna High Court Cr.Misc. No.51983 of 2016 (9) dt.03-08-2017 2/2 and the informant/opposite party no.2 submit that due to intervention of the well wisher of the petitioner and the opposite party no.2, the Nikah in between the petitioner and the informant/opposite party no.2 performed on 28.06.2017 and since then the petitioner and the informant/opposite party no.2 are leading their conjugal life together happily and, at present, there is no grievance to the informant/opposite party no.2 with the petitioner.
Since the petitioner and the informant/opposite party no.2 are leading their conjugal life happily together after performing Nikah, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Kishanganj, in connection with Kishanganj Mahila P.S. Case No.19 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T