Md. Shoheb @ Md. Shoheb Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79643 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA PS District- Jamui ====================================================== MD. SHOHEB @ MD. SHOHEB SHAH Son of Md. Rizwan Resident of Village - Marwa, P.S. and District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the State :
Mr. Rajiv Nayan, A.P.P.
For the Informant :
Mr. Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 376, 323, 504, 506/34 of the Indian Penal Code and Section 4/6 of the Protection of Children from Sexual Offences Act.
3. As per the prosecution case, this petitioner committed rape upon the minor daughter of the informant.
4. Learned counsel for the petitioner denies the prosecution case and submits that some negotiation of marriage was going on between the parties and during this period, the petitioner and daughter of the informant developed affinity and established physical relationship. He next submits that during
Patna High Court CR. MISC. No.79643 of 2023(5) dt.18-04-2024 2/2 the pendency of the case, petitioner has already solemnized marriage with the daughter of the informant.
5. Learned counsel for the informant does not dispute the contention made on behalf of the petitioner.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate-I, Jamui in connection with Mahila P. S. Case No. 22 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T