Md. Yasir Hamid @ Raunak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5649 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -SIRDALA District- NAWADA ====================================================== Md. Yasir Hamid @ Raunak Son of Md. Sarfuddin Resident of Villagechobar takiya, P.s Tankuppa, District Gaya Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sabbi khatun daughter of Md. Ashraf Hussain village- Pasari, P.s Miskaur, District Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakib Ayaz, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner, is in jail custody since 09.12.2015 in a case registered for the offences punishable under Sections 313,493,506/34 of the Indian Penal Code.
The petitioner is in jail custody on accusation that he established physical relationship with the informant on false promise of marriage and when the informant became pregnant, the petitioner got terminated her pregnancy. The statement of the victim was recorded under Section 164 Cr.P.C in which she stated that she was in love with the petitioner and established physical relationship with him on several times.
Patna High Court Cr.Misc. No.5649 of 2016 (2) dt.15-02-2016 2/2 Learned counsel for the petitioner submits that the informant has brought this false case with intent to put pressure upon the petitioner so that petitioner could solemnize his marriage with her.
On the other hand, counsel appearing for informant submits that the fact of the present case discloses the offence under Section 376 of the IPC and there is specific allegation of rape as well as termination of pregnancy against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Nawada n connection with Sirdalla(Meskaur) P.S. Case No. 28 of 2015.
(Hemant Kumar Srivastava, J) Prakash/- U T