Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 24367 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ====================================================== Md Firoz Son of Nayeemuddin, Resident of Village- Madhopara, Police Station- Araria (Bairgachhi), District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Araria (Mahila) Police Station Case No 113 of 2016 (Special Case No 36 of 2016) registered for the offences punishable under Sections 376/34 of Indian Penal Code.

It is submitted on behalf of the petitioners that on perusal of the First Information Report, it would be apparent that the last of the allegations, said to have been continuing for about a year is, 18.10.2016 whereas the FIR has been lodged on 08.11.2016. It is further submitted that the petitioner is a close relative of the informant and the case has been lodged to pressurize the petitioner for marriage with the petitioner. It is also

Patna High Court Cr.Misc. No.24367 of 2017 (2) dt.01-06-2017 2/2 submitted that from perusal of the order of rejection of the learned Court below, it is apparent that the Medical Board has found the age of the informant to be between 17 to 19 years whereas in the FIR, informant has alleged that she is 14 years old. Considering the aforesaid submissions, in the event of his arrest or surrender within four weeks from today, the petitioner above named shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge -cum- Special Judge (POCSO) Act, Araria in Araria (Mahila) PS Case No 113 of 2016 (Special Case No 36 of 2016) subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Madhuresh Prasad, J) M.E.H./- U T