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Patna High CourtCR. MISC./75334/2018bail granted

Arman Mian v. The State Of Bihar

2018-12-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75334 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== Arman Mian son of Hasnain Raeen, Resident of Village- Tiwari Tola, Bagaha Ward No. 24, P.S. Bagaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for offence under sections 366A/34 of the IPC.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case because the informant's daughter married the petitioner without consent of the informant. It is submitted that the victim in her statement recorded u/s 164 Cr.P.C. has admitted to there being intimate relation between the petitioner and herself since before; and that the petitioner and victim married each other on 25.5.2018 as is evident from annexure 2 and 2A. Prior to the instant case, there is no criminal antecedent of the petitioner.

Considering the aforesaid submissions and the facts

Patna High Court Cr.Misc. No.75334 of 2018(2) dt.20-12-2018 2/2 and circumstances of the case, prayer for bail to the petitioner is allowed. In the event of arrest/surrender within four weeks from today, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bettiah, West Champaran in Gaunaha Police Station Case No. 49 of 2018 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he/she is related with the petitioner.

The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) shashi/- U T