Khaja @ Md. Khaja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70604 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Khaja @ Md. Khaja, S/o Md. Farooque, Resident of Village- Farsadangi, (Goirki Masooria), P.S. Jokihat, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code and Section 3/4 of the POCSO Act. Submission is that allegation is of physical relation on the pretext of marriage between the informant and the petitioner. Subsequent to the F.I.R., petitioner has already married with the informant.
If the informant would support before the court below that she has married with the petitioner, the court below shall accept the bail bond.
Let the petitioner, above named, in the event of his arrest or surrender within a period of thirty days from the
Patna High Court Cr.Misc. No.70604 of 2018(3) dt.18-12-2018 2/2 date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Araria (Mahila) Police Station Case No.31 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) abhishek/- U T