Nashim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1604 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ====================================================== Nashim, son of Late Mojeb, resident of village-Shanjhauli, Ward No.2, P.S. Raniganj, District-Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No.105 of 2016 registered under Section 376 of the Indian Penal Code besides Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The accusation is that on 03.10.2016, the petitioner caught hold the informant when she was going to graze the goat in the filed and, thereafter, the petitioner carried her near a bamboo clamps and committed rape on her in spite of raising alarm by the informant. At that time, the lady of the village, who was passing to that way, informed the aunt of the informant, who went there and carried the informant to the house and then the informant

Patna High Court Cr.Misc. No.1604 of 2017 (2) dt.18-01-2017 2/3 narrated about the occurrence to her aunt. Thereafter, on 06.10.2016, panchayati was arranged in which the petitioner made request to the Punches not to lodge the case as he will perform the marriage with the informant. On 01.11.2016, when the father and uncle alongwith some villagers went to the house of the petitioner then the petitioner caused assault to them giving threatening. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are co-villagers.

While the parents of the informant tried to negotiate the marriage of the informant with the petitioner but the family members of the petitioner were not ready, due to that reason, the present case has been lodged only to put undue pressure upon the petitioner so that the marriage of the petitioner could be performed with the informant. The petitioner is in custody since 13.11.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Mahila P.S. Case No.105 of 2016.

Patna High Court Cr.Misc. No.1604 of 2017 (2) dt.18-01-2017 3/3 petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T