Md. Abdul Kadir @ Abdul Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55310 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Md. Abdul Kadir @ Abdul Kadir son of Late Md. Waizuddin resident of Village Raipura, P.S. Fatua, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 493, 376 and 420 of the Indian Penal Code.

Allegation against the petitioner is that he established physical relation with the victim girl on the pretext of marriage and later on marriage was solemnized between them. Thereafter, petitioner left keeping contact with the complainant. It is submitted on behalf of the petitioner that he has got no criminal antecedent. He has been made accused due to mistake of fact. There was no such physical relationship made by the petitioner with the complainant. Petitioner has falsely been implicated in the present case. The complainant has never protested or made any allegation against the petitioner as to when their relationship has been continuing since 2010. On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R. and 164 Cr. P.C. statement of the complainant also disclosed specific allegation against the petitioner.

Patna High Court Cr.Misc. No.55310 of 2015 (3) dt.13-01-2016 2 / 2 Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, petitioner is directed to surrender in the court below, i.e., Chief Judicial Magistrate, Bihar Sharif at Nalanda in connection with Chhabilapur P. S. Case no. 79 of 2015 within a period of four weeks and pray for regular bail which shall be considered and disposed of on its own merit preferably on the same day without being prejudiced by this order. (Sudhir Singh, J) sudip/- U T