Patna High CourtCR. MISC./74518/2019allowed

Md. Ibran @ Md. Imran v. The State Of Bihar

2019-12-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74518 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== MD. IBRAN @ MD. IMRAN S/o Late Md. Suddin @ Suddin R/o villageNarayanpur, P.S.- Bihpur (Bhawanipur), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 323, 341, 376, 448 of the Indian Penal Code and Section 4/12 of POSCO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was love affair between the petitioner and the victim and now the petitioner has performed marriage with the informant which is evident from Annexure-3. Moreover, the victim was medically examined on the very next day of occurrence but the doctor has not found any internal and

Patna High Court CR. MISC. No.74518 of 2019(3) dt.04-12-2019 2/2 external injury on the person of the victim nor any sign of rape has been opined by the doctor, which is evident from, Annexure-4. The victim is a major girl which is evident from the Annexure-5. The parties have also settled their dispute by way of compromise which is evident from Annexure-6 and the petitioner is rotting in judicial custody since 27.07.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I- Cum- Special Judge (POSCO Act), Bhagalpur in connection with Naugachia Mahila P.S. Case No. 12 of 2019 corresponding to POSCO Case No. 45 of 2019.

(Arvind Srivastava, J) brajesh/- U T