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Patna High CourtCR. MISC./35252/2017bail granted

Manjoor Khan And ANR v. The State Of Bihar

2017-08-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35252 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA PS District- GAYA ======================================================

1. Manjoor Khan, Son of Noor Hasan Khan,

2. Ajmeri Khatoon W/o Manjoor Khan, Both are R/o Village- Rauna, P.S.- Konch, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Mahila P.S. Case No. 17 of 2017 for the offences punishable under sections 376, 323, 504 and 34 of the I.P.C.

Allegedly, the co-accused Danish after giving assurance to marry with the informant brought her in a hotel and developed sexual relationship with her and when both were moving in the town near Civil Line, Mousi of the informant saw them and she informed the police and then the police caught both of them, but both gave written application before the Civil Line

Patna High Court Cr.Misc. No.35252 of 2017 (2) dt.11-08-2017 2/2 police and both were freed and then again she was brought in the same hotel and rape was committed. Both came at the village and when proposal was made for marriage the petitioners refused to marry with her.

Submission is of false implication and that the petitioners have got no concern, they have been made accused only with a view to give pressure, this is a matter between Danish and the informant, no offence as alleged is made out against the petitioners and as such they deserve sympathetic consideration. The learned A.P.P. fairly submits that whatever allegation is against co-accused Danish.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Gaya in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T