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Patna High CourtCR. MISC./80805/2018bail granted

Ashfaque Alam @ Md. Asfak Alam v. The State Of Bihar

2019-01-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80805 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S District- Supaul ====================================================== Ashfaque Alam @ Md. Asfak Alam, S/o Md. Jamaluddin, R/o Village - kushahar Mal , Ghora Ghat, P.S. Balua Bazar, Dist. Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Supaul (Mahila) P.S. Case No. 95 of 2018 registered for offences under sections 493/376/506/34 of the Indian Penal Code.

As per First Information Report, on the allurement of marriage, the petitioner established sexual relationship which was caught by the villagers and, in the Panchayati, the petitioner refused to enter into marriage and, thereafter, the statement has been made under Section 164 of the Cr.P.C., giving a new twist to the earlier statement.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his

Patna High Court Cr.Misc. No.80805 of 2018(2) dt.25-01-2019 2/2 arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Supaul in connection with Supaul (Mahila) P.S. Case No. 95 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T