Patna High Court - Orders
Miraj Khan vs The State Of Bihar on 18 January, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
Patna High Court Cr.Misc. No.37456 of 2011 (3) dt.18-01-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37456 of 2011
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Miraj Khan, S/o Kalam Khan, resident of village-Lauriya Makari, P.S.
Lauriya, District-West Champaran
.... .... Petitioner
Versus
The State Of Bihar
.... .... Opposite Party
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3 18-01-2012Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Sessions Trial No. 158 of 2011 arising from Mahua P.S. Case No. 79 of 2005 for offence punishable under Sections 365, 366A, 376G/34 of the Indian Penal Code.
The allegation against this petitioner is of eloping with the daughter of the complainant and thereafter subjecting her to physical relationship.
Learned counsel for the petitioner with reference to a marriage certificate placed at Annexure-2 submits that the marriage between the parties had taken place with consent and that the girl had accompanied the petitioner on her own volition which is also manifest from her statement made under Section 164 of the Cr.P.C. placed at Annexure-4. He further submits that the daughter of the informant having accompanied the petitioner to Delhi and having remained with him, as is manifest from her Patna High Court Cr.Misc. No.37456 of 2011 (3) dt.18-01-2012 statement made under Section 164 Cr. P.C. the allegation that she was subjected to gang rape by the family members of the petitioner including the father and brother in presence of his mother, on face of it appears absurd. Learned counsel with reference to some letters written by the victim girl to the petitioner submits that the statement made by the girl is under duress exercised by her family members.
Regard being had to the submissions of learned counsel and having considered the materials on record, let the petitioner Miraj Khan be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Vaishali at Hajipur in connection with Sessions Trial No. 158 of 2011 arising from Mahua P.S. Case No. 79 of 2005.
(Jyoti Saran, J) S.Sb/-