Patna High CourtCR. MISC./62371/2018bail granted

Danish v. The State Of Bihar

2018-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62371 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -PAHARKATTA District- KISANGANJ ======================================================

1. Danish, Son of Ilyas, Resident of Village- Satbolia, P.S.- Paharkatta, District- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks bail in Paharcatta P.S. Case No.73 of 2018 registered for the offence under Section 306 of I.P.C. Accusation is that Ittesham Begum, daughter of the informant, fell in love with the petitioner, Danish before 3 - 4 months due to which she left her parental house in the night of 24.04.2018 on her own volition. On search she was found in the house of the petitioner and the informant took her back from the house of the petitioner and a panchayati was arranged in which decision was taken for her Nikah with the petitioner. But the petitioner refused to perform the nikah with the daughter of the informant. Due to that reason daughter daughter of informant made attempt to commit suicide by hanging but she was rushed to

Patna High Court Cr.Misc. No.62371 of 2018 (2) dt.06-10-2018 2/2 hospital and died in course of treatment.

Submission on behalf of the petitioner is that, in fact, the daughter of the informant expressed her desire to perform Nikah with the petitioner but the petitioner refused. Due to that reason the informant has lodged this false case against the petitioner and the petitioner is in jail custody since 28.05.2018 having no criminal antecedent.

Heard the learned A.P.P. also who opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri P.K.Tiwari, J.M. 1st Class, Kishanganj, in Paharkatta P.S. Case No.73/18. (Rajendra Kumar Mishra, J) AnilKrSinha/- U