Md. Saddam @ Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60853 of 2018 Arising Out of PS. Case No.-121 Year-2017 Thana- MAHILA P.S District- Supaul ====================================================== Md. Saddam @ Md. Saddam Hussain, S/ Md. Majeed, Resident of VillageBishanpur, P.S.- Pipra, Distt- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 The petitioner seeks bail in connection with Supaul Mahila P.S.Case No. 121 of 2017 registered under Sections 323, 376, 493, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that on the plea of marriage, he committed rape upon the informant on the point of dagger. It is further alleged that when she became pregnant, a Panchayati was held in which petitioner and other accused persons abused with filthy language and assaulted her. Submission of learned counsel for the petitioner is that impugned order shows that she was in between the age of 19 to 21 years and major and she appears to be a consenting party as the occurrence took place four months prior to lodging of the FIR and petitioner is in custody since 24.04.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60853 of 2018(4) dt.12-12-2018 2/2 Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Supaul in connection with Supaul Mahila P.S. Case No. 121 of 2017 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sujit/- U T