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Patna High CourtCR. MISC./73089/2018bail granted

Ahmad Raza @ Md. Ahmad Raza v. The State Of Bihar

2019-04-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73089 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== Ahmad Raza @ Md. Ahmad Raza son of Md. Imteyaj, resident of VillageMatauna, P.S. Sursand, District- Sitamarhi. ... ... Petitioner.

Versus

The State Of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr.

For the State :

Mr.

For the Informant :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Sursand P.S. Case No.112 of 2018 registered under Sections 376/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that while in the written report, the allegation of committing rape on her against the petitioner has been made by the informant but the informant in her statement, recorded under Section 164 of the Code of Criminal Procedure, has only stated about her kidnapping by this petitioner. Moreover, the dispute in between the petitioner and the informant has been settled and,

Patna High Court CR. MISC. No.73089 of 2018(5) dt.22-04-2019 2/2 now, the 'Nikah' has been performed in between them. Learned counsel for the informant also submits that the dispute in between the petitioner and the informant has been settled and after 'Nikah', the petitioner and the informant are leading her conjugal life happily.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Sitamarhi, in connection with Sursand P.S. Case No.112 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T