Patna High Court - Orders
Md. Yusuf @ Mister vs The State Of Bihar on 6 August, 2013
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32337 of 2013
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Md. Yusuf @ Mister Son of Md. Ainul @ Md. Ainul Haque, resident of
Mohalla Sadaruddin Chack, PS Habibpur, Distt. Bhagalpur
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
2 06-08-2013Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends arrest in connection with Habibpur (Bhagalpur) PS Case No. 28 of 2013 registered for offence punishable under Sections 376 and 417 of the Indian Penal Code.
The allegation against the petitioner is that he had sworn an affidavit which indicates that both of them had got married although the complainant/informant was a widow and had a son of four years. The parents of the petitioner agreed to perform 'nikah' after about three months. However, when the informant approached them, they refused to do so and demanded dowry.
Counsel for the petitioner refers to a case filed four months prior to the filing of the present F.I.R. wherein it is alleged that the petitioner was forced by the informant and her family Patna High Court Cr.Misc. No.32337 of 2013 (2) dt.06-08-2013 2 members to marry her. The informant and her family members had tried to kidnap the petitioner for the purpose of marriage. Counsel for the petitioner submits that there is no case made out under Section 376 of the Indian Penal Code as the parties are major and both had entered into a relationship willingly. At best, it may be a case under Section 420 of the Indian Penal Code.
Considering the facts and circumstances of the case, the petitioner, namely, Md. Yusuf @ Mister is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Habibpur(Bhagalpur) PS Case No. 28 of 2013 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Sheema Ali Khan, J) mrl