Md. Barique @ Md. Barik And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51504 of 2018 Arising Out of PS. Case No.-130 Year-2016 Thana- PALASI District- Araria ======================================================

1. Md. Barique @ Md. Barik, S/o Rahimudeen @ Md. Rahimuddin,

2. Dulla @ Gulla @ Gul Mohammad, S/o Rahimudeen, Both are resident of Village- Dahagavam, Dahgama, P.S. Sikty, DistrictAraria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 493 and 376 of the Indian Penal Code.

Allegation against the petitioner no. 1 Md. Barique @ Md. Barik is that he was in physical relation with the informant on the pretext of marriage. However, refused to marry with her.

Considering the nature of allegation against the petitioner no. 1 Md. Barique @ Md. Barik, I am not inclined to enlarge him of anticipatory bail. Hence, his prayer for anticipatory bail is refused.

Patna High Court Cr.Misc. No.51504 of 2018(5) dt.10-12-2018 2/2 Let petitioner no. 2 Dulla @ Gulla @ Gul Mohammad, who is full-brother of petitioner no. 1 Md. Barique, having no allegation, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Palasi Police Station Case No. 130 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 2 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2. (Birendra Kumar, J) Kundan/Rajan U T