Rafique @ Rafiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67202 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== 1.

RAFIQUE @ RAFIYA S/O Late Buniyad Ali 2.

Jahangir S/O Late Buniyad Ali 3.

Zahid S/O Late Buniyad Ali 4.

Murshid S/O Late Buniyad Ali 5.

Jahan Ara W/O Rafique @ Rafiya 6.

Jannatti @ Janni W/O Zahid All residents of Village - Ajhwa, Ward No. 09, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-10-2019 Heard both sides.

The petitioners apprehend their arrest in Araria Mahila P.S. Case No.73 of 2019 registered under Sections 376, 504, 506/34 of the Indian Penal Code.

The victim alleged that she fell in love affairs with Wahid and Wahid established physical relation with her. On 03.07.2019, Wahid called her and the informant met Wahid on Rani Chowk. He assured him to marry in Delhi but her father got information about her fleeing away and caught her. Her father brought to her house. Panchayati was held but the family

Patna High Court CR. MISC. No.67202 of 2019(2) dt.25-10-2019 2/2 members of Wahid abused and drove the informant from their house.

The learned counsel for the petitioners submits that petitioners are family members of Wahid. The victim is a major girl. She fell in love with Wahid. No offence under Section 376 I.P.C. is made out against the petitioners.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Araria Mahila P.S. Case No.73 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T