The petitioner sought bail in a case involving offences under Sections 366A, 376, IPC. Having completed one year of custody, the Court allowed bail, noting the petitioner's readiness to marry the victim girl.
Petitioner released on bail by furnishing bonds of Rs.10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40797 of 2014
Arising Out of PS.Case No. -116 Year- 2013 Thana -BIRPUR District- SUPAUL ====================================================== Md. Shamim Akhtar S/O Abdul Jabbar, R/o Village- Bariya Kamal, P.S.Birpur, District- Supaul .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Jha For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 14-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 366A, 376, 341, 323, 504 and 506/34 of the Indian Penal Code.
Earlier this Court vide order dated 20.3.2014 passed in Cr. Misc. No.45830 of 2013 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of one year in jail custody.
Learned counsel for the informant informed this Court that petitioner is ready to enter into marriage with the victim girl.
The petitioner is in jail since 27.7.2013 and he has
Patna High Court Cr.Misc. No.40797 of 2014 (3) dt.14-01-2015
2
already completed one year in jail custody.
Having considered the facts and circumstances of the case, let the petitioner, Md. Shamim Akhtar, 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 Additional Sessions Judge, IV, Supaul in Sessions Trial no.69 of 2014, arising out of Birpur P.S. Case No. 116 of 2013.
Vinay/-
(Shivaji Pandey, J)
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail after completing one year of custody.
Whether the agreement to marry the victim girl is a relevant consideration for grant of bail.
1 provisions across 1 enactments
Md. Shamim Akhtar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
