Md. Afsar Alam @ Banty Kumar @ Bunty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64373 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA District- Munger ====================================================== MD. AFSAR ALAM @ BANTY KUMAR @ BUNTY KUMAR S/o Ebrarul Haque @ Ibraul Haque @ Md. Ibrarul Haque R/o village- Sutur Khana Hazi Sujan Mubarak Chak, P.S.- Purabsarai, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case no. 17 of 2019, registered under Sections 376, 341 and 323 of the Indian Penal Code.

The accusation is that petitioner developed physical relation with the informant then she tried to commit suicide. Thereafter, petitioner gave assurance to perform marriage with her and, later on, they performed marriage in closed door. But, after two months petitioner started to neglect her and told her to go to file a case and also caused assault to her.

Learned counsel for the petitioner submits that, in fact, petitioner is the compounder in the clinic of Dr. Sanjeev

Patna High Court CR. MISC. No.64373 of 2019(2) dt.24-10-2019 2/2 Kumar, where the informant is doing the work of nurse and with ulterior motive only to perform marriage, this false case has been lodged. Moreover, in the statement recorded under Section 164 Cr.P.C. on 13.05.2019, she made complaint of rape against Dr. Sanjeev not against the petitioner. Further submission is that, in fact, informant is in habit of lodging false case. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Munger in connection with Mahila P.S. Case No. 17 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T